Dura Lex, Sed Lex
by Fingersnaps
Summary: Title translates as 'The law is harsh, but it is the law.' The devastating aftermath of a routine visit to collect evidence proves that there is no such thing as an straightforward day for the MCRT.
1. Chapter 1

If you're confused by the use of Latin, it's there because this has been entered for a challenge on NFA where Latin has to be included!

My grateful thanks to VFSNAKE for sowing the seed that grew into a plot!

**Dura Lex, Sed Lex**

_The law is harsh, but it is the law_

It started with a whisper, soft as breath and laced with pain, a single word.

"Boss..."

Then, there was silence…numbing, terrifying silence. Gibbs waited a heartbeat or two, before he yelled into his phone.

"McGee! Tim, where are you?" More silence; then all was noise and motion. "Tony, get the car; Ziva, have Abby trace Tim's phone – now!"

**Locus Delicti**

_Scene of the Crime_

What followed would remain forever in Tony's mind as a crazy movie montage on fast forward, but with key moments framed as a never to be forgotten still; holding one single image frozen in time, always engraved on his mind.

The opening scene found them racing through the rain-swept streets, the rhythmic beat of the windshield wipers as they fought to clear the torrential rain from the glass acting as the soundtrack to Abby's calls as she pin-pointed Tim's exact location. Gibbs drove as fast as road conditions and other road users would allow, the three of them felt some small comfort in the knowledge that an ambulance had already been despatched and would meet them as soon as their destination was confirmed.

Gibbs took the last corner at breakneck speed, and they were in the alley behind 24th Place NE; this is where Abby had told them to go, but there was no one here…and for one hopeful second Tony thought Abby had given them the wrong location, then he saw Tim; and the world stopped…like a black and white movie frame where all the colours had been washed out by the rain, all except one…the dark red that stained Tim's chest. He was lying motionless; eyes closed, his arm outstretched, and his phone lying on the ground by his seemingly lifeless fingers, the rain dripping down his face, and blood…there was blood running like a red river as it merged with the rain and ran down the gutter…

Tony was opening the car door before Gibbs had even applied the brake. He raced to the prone body and knelt on the soaking wet ground.

"Tim! Oh man..."

He gasped as he knelt beside Tim and saw the dark red stain spreading ever wider on his chest. Tony quickly felt for a pulse, and was almost amazed to find one, there was so much blood, how could Tim still be alive? He held his bare hands against the wound, trying to stem the flow.

"Harder Tony, you have to stop the bleeding."

Ziva was kneeling beside him, oblivious as he was to the wet ground beneath them. He increased the pressure, still Tim didn't move, didn't even make a sound as Tony pressed harder on his chest, and Tony noticed for the first time the bruise on Tim's temple. He tried to put that from his mind, and concentrated on stopping the blood that was still seeping through his fingers and waiting for the slight rise and fall of Tim's chest, you can do this Tim…hold on. At the edge of his consciousness he could hear Ziva's voice.

"Tony, the EMTs are here…Tony!"

Reluctantly Tony let the paramedics take his place…their calm professionalism failed to reassure him…He had seen the worried glances that passed between then as they prepared Tim for his transfer to the hospital, and as he watched them lift his friend into the ambulance, he had a sickening moment of fear that this would be the last time he would see Tim alive. He jumped a little as he felt a hand on his shoulder.

"He's in safe hands Tony; let's get to work, this is a crime scene."

"Boss…he…"

"I know Tony; we've done what we can for him; now let's concentrate on finding out who did this."

Their years of training kept them just the right side of control and calm, as they tried to divorce what they were seeing from its connection to one of their own. They took photographs of the blood, Tim's phone, the alley...they bagged and tagged the phone, and searched every inch of ground for anything that could tell them what had happened here, but the rain had cleansed the scene. It was still pouring; the three of them were rapidly getting soaked to the skin, but they weren't even aware of the fact. They had a job to do, and nothing was going to distract them.

"We're done here...let's go find Tim's car, and start canvassing the area."

They soon found the NCIS sedan that Tim had signed out earlier that morning in the parking lot of the Moonlight Club. Ziva opened the trunk and she gave a small smile as she saw the DVDs all bagged and tagged, labelled and boxed ready for transport to NCIS. It was so like McGee; everything in its place, neat, tidy, correct.

"We should get these to Abby, do you want me to drive the car back Gibbs?"

He shook his head.

"No, I'll call and get it collected...doesn't look as if anything happened here, but I want to be sure we don't corrupt any evidence."

"Of course; I will call...oh Gibbs, we should call Abby."

"I'll do it, you and Tony go start interviews, I'll meet you later."

Ziva and Tony headed off to the Moonlight Club.

"That's one phone call I wouldn't want to make."

"Nor I Tony..."

Gibbs had been surprised at the apparent calm with which Abby had taken the news of Tim's condition, but she'd had some time to prepare herself, and she'd been trying frantically to get Tim to answer his phone all the while they had been driving over here. She must have already known that he had to be badly hurt, and she was probably imagining him worse than hurt…so anything would be better than thinking he was dead.

Ducky had been in the lab with her, and he'd been able to take over the conversation when Abby realised she was needed at NCIS to go over the scant evidence they had so far. She wouldn't be able to go to the hospital right away…that was when she started to cry, but Ducky assured her he would go right away, and be with Tim when he came round.

"The Director has put Goodall's team on the Renton case. He wants you to concentrate on this….Jethro, you find the bastards who did this to Timothy."

"On it, Duck."

He severed the connection, and turned to follow Ziva and Tony. He'd completely forgotten Petty Officer Renton, and she was the reason Tim was out here.

The female Petty Officer had gone missing yesterday, the last sighting of her had been when she kept an appointment at Consolidated Health Care on Queen's Chapel Road NE; but she hadn't been seen since. Tim suggested the businesses in the area may have security camera footage that could have some images to help pinpoint her movements more accurately. So he'd some up here to collect whatever security footage he could get.

The Petty Officer's roommate had reported her missing last night, and the Chief of Naval Operations was talking a personal interest in the case. Jill Renton had been seconded to his office and he wanted to know where she was, and he wanted to know right now. Gibbs, Ziva and Tony had been spent the morning interviewing the people who worked with the Petty Officer, and Tim...he'd gone to look for evidence, and ended up in a pool of blood in a rain swept alley.

Gibbs squared his shoulders, and joined the others as they spent fruitless, wasted minutes interviewing the staff in the clubs that Tim had already visited. But they had nothing to tell them; Tim had been there, they'd given him the security DVDs and he'd moved on. Gibbs pushed open the door of the 24 Club.

"Hey! We're closed."

The entrance was blocked by a tall man, with skin the colour of mahogany; he held out his arms to bar their way. Gibbs went for his badge and stared at the man.

"This is not a good day to get in my way...we need to see the manager."

"Another Fed? We already had one here today; we gave him the DVDs. What do you want?"

Tony took a long stride forward and pushed the security guard in the chest.

"We want to know why our team mate...our friend, was lying in the alley back there; bleeding out...that's what we want. You got a problem with that?"

"What? No way...he was...you should speak to Mr Rudge."

"If he's the manager, then yes we should."

Five minutes later Alan Rudge was leading them across the dance floor, toward the back of the club.

"Agent McGee wanted to check out the cameras in the alley. I told him they'd been vandalised months ago."

"And you never thought to get them fixed?"

"Not really, none of us have parking lots out back…deliveries are at the front…no reason to care what happens out there…"

"We care." Ziva whispered.

"Sorry, I didn't mean..."

Gibbs stood at the door.

"We can take it from here."

Rudge knew a dismissal when he heard it, so he left them. Gibbs opened the door carefully, and immediately noticed the smudge of blood on the metal door frame. Tony noticed it too, and took out his camera, as soon as he had photographed it; Ziva took a swab of the blood and placed it carefully in an evidence bag.

Gibbs had stepped out into the alley again, and he was shocked to see that there was nothing to show that Tim had ever been here, nothing left to show that a man had come close to death on that very spot. The rain had washed away the blood, there was no more physical evidence, just that single smudge on the door frame, and they didn't even know whether that belonged to Tim.

"Let's go, we don't have much, but let's get it back to Abby before she decides to head for the hospital."

They trudged back to the car, Tony threw his back pack in the trunk, and took one last look at the alley, Tim had been out here alone because this was geek stuff, just collect the electronic evidence, then back to NCIS. No-one got hurt doing the geek work…so why was Tim in the hospital? Why had he been lying with a stab wound to his chest, bleeding, unconscious…why?

"What the hell happened here Boss?"

"We'll have to wait for Tim to wake up; then he can tell us."


	2. Chapter 2

**Dum Vita Est, Spes Est**

_While There's Life, There's Hope_

They worked in silence, abandoning all pretence that this was a case like any other. They worked and they waited; the only word from Ducky so far was that Tim was in surgery, and that the doctors were worried about a head injury…

So they kept occupied, desperately trying to concentrate, to find a single, useful piece of evidence. Ziva and Tony were watching the new security tapes that they'd collected from the 24th Place businesses; Abby was running DNA on the blood from the door. She had already ascertained that it was Tim's blood group, and none of them had any doubt that the final DNA results would confirm it was his. Gibbs had been bringing Goodall up to speed on what little they had to go on in the Renton case. He joined Abby in her lab to check on her progress, and was not surprised to find that she had nothing more, they hadn't given her much to work with, so he could hardly expect anything, but that didn't stop him hoping.

Then came the call Gibbs had been waiting for, yet dreading.

"Duck…what's the news?"

Abby stopped what she was doing, and turned to listen, so Gibbs put the phone on speaker.

"Jethro…I…"

He heard his old friend take a deep breath.

"Jethro, Timothy is out of surgery, but...he's in a coma…you need to call his parents…they should be here."

Gibbs wanted to ask more; to get the detail on Tim's condition, but the words wouldn't come. Abby took over.

"Ducky…tell me…he's going to be okay, isn't he? He has to be…it's Tim…"

Her voice had risen an octave, and even for Abby she was sounding breathless.

"Abigail, calm down. We must hope for the best…and perhaps say a prayer or two. His family should be here, if he…when he regains consciousness he will need them close by."

"Can we see him?"

"Not just now; Timothy is in the ICU under close observation."

Gibbs snapped back into full Team Leader mode…observation, what if whoever did this to Tim was watching…waiting to finish the job?

"I'll call his family Duck, but I have one more call to make first."

Gibbs gave Abby a quick hug, and dialled another number.

"Leon, I need a security detail for McGee."

"How's he doing Gibbs?"

"He's in a coma…in the ICU."

"And you think he's still in danger from whoever put him there?"

"I honestly don't know, but I don't want to take any chances."

"I'll get on it right now."

"I should have thought of it before…They left him for dead out there, if they find out he's still alive..."

"You think there was more than one attacker?"

"That's another thing we don't know Leon...seems like all we've got right now are questions, no answers. But I don't want to take any chances with Tim's safety."

"They can't get to him so long as he's in the ICU, and I'll have two agents there within thirty minutes…Gibbs, we will protect Agent McGee, you concentrate on finding his attackers."

"Thanks Leon."

Abby stood by his side and silently took hold of Gibbs' hand; he pulled her close and held her for a moment. She gave a deep sigh.

"Gibbs...if Ducky wants you to call Tim's parents...we've never had to do that before...I mean we would have called your dad when you were in the hospital after the explosion...but we didn't know about your dad, and now Ducky says you should call..."

She finally ran out of breath and started to cry silently. Gibbs led her gently to the office, and sat her down.

"Abby...I know you're scared, and I know you want to visit the hospital...but you heard what Ducky said, we can't visit tonight...and we still have work to do. Can you do that for me, for Tim?"

A quiet sniff was followed by a single nod of her head. Gibbs kissed her cheek.

"Good girl."

He didn't want to make this call with Abby listening, so Gibbs headed up to one of the conference rooms, and chose Commander McGee's number from the directory on his phone.

"Hello?"

Gibbs could hear the clink of glasses and animated conversation in the background.

"Commander McGee; my name is Gibbs…"

"What's wrong? Hang on…too much noise."

Gibbs heard a door open and close, and suddenly the background noise was gone.

"Go ahead…Tim, is he…?"

"He's been hurt Commander; it's bad."

There was an audible intake of breath at the other end of the line.

"How bad? Where is he?"

"He was stabbed, lost a lot of blood, and there's a head injury, he's in the ICU – Washington Center."

"I have to see him, can I see him?"

"Doctor Mallard, he's our ME…"

"Ducky, Tim says he likes to be called Ducky."

"Yeah, Ducky. He's at the hospital, and he'll stay with Tim until you can get a flight."

"Don't need a flight, I'm in DC; I'll get a cab…I should call Tess…"

"Would you like me to call?"

"No…thank you, I'll do it…Gibbs, is he going to make it?"

The question came out as a sob, as Andrew McGee struggled to maintain some self control.

"I wish I knew sir."

There was a long silence as Tim's father took several deep breaths, and when he answered there was a new strength in his voice.

"He'll make it…he has to…I have to call his mom. Goodbye Gibbs."

Gibbs stared at the suddenly silent phone, switched it off, and headed back to the bullpen. He was surprised to see his hand shaking as he put the phone back in his jacket…these calls never got any easier, no matter how many times you had to make them.

Tim's dad hadn't asked how his son had been hurt, or whether they had caught the people who had hurt him; his focus right now was on his family. But Gibbs knew the questions would come, and as things stood they had nothing to tell him.

Tony banged the remote on his desk in frustration; his eyes were gritty and sore from staring at the screen, desperate for any hint as to the identity of the people who'd attacked Tim.

So far they had come up with nothing; he knew Ziva was as frustrated as he was, she was better at hiding it. Ever since Abby had called with Ducky's update on Tim's condition, their frustration had increased tenfold; and seeing the pictures showing brief glimpses of him running through the rain toward the various business premises had only made things worse. He was going about his job, that routine, almost boring part of the job that often led to the resolution of a case…and now he was in a coma…

Tony checked the time stamp on the last frame of footage; Tim was walking into the lobby of the 24 Club…that was it, the last frame on which he would see Tim. It was a matter of minutes after this that someone had beaten him, stabbed him…

"Anything?"

Tony glanced up, unsurprised to see that Gibbs had made his usual silent way into the bullpen.

"Nothing, the few people who were around look legit, delivery guys, office workers…but Abby's going to start running facial recognition; to be sure."

Gibbs cast an enquiring glance at Ziva, but she shook her head, she had drawn a blank too.

"Gibbs, Abby said you were going to call McGee's family."

"Yeah, his dad's right here in DC, I am not going to tell him we have nothing. There has to be something, we're just not looking in the right place."

Ducky was waiting; Gibbs had called to forewarn him that Commander McGee would be here much sooner than expected. He stood outside Tim's room, and as the elevator doors opened he saw a tall man, clad in the uniform of a Naval Commander, this had to be him, his normal erect military bearing had been beaten down by anxiety and uncertainty. Any possible doubt dissipated the minute the Commander glanced toward the ICU nurse's station; those soft green eyes had been inherited by his son.

"Commander McGee? I'm Donald Mallard."

Ducky held out his hand, and Andrew shook it briefly.

"Andrew please, may I call you Ducky?"

"I would be honoured…Andrew, is your wife with you?"

"No, I'm here for a conference at the National War College. She's still in San Diego; trying to get a flight…can I see him?"

"Of course, Timothy's doctor has ordered family only visiting for the time being; he has been kind enough to offer me visitation rights, as a professional courtesy…come with me."

They took the few steps to the door of Tim's room and Andrew caught a glimpse of his son through the large observation window.

"Oh Lord…Ducky, would you come in with me?"

"Absolutely."

Ducky opened the door and allowed Andrew to enter first.

"Don't let all the machinery overwhelm you Andrew, each and every tube and monitor is essential to Timothy's treatment and eventual recovery."

Andrew stooped his tall body and looked closely at Tim's face; the bruise on his temple had darkened in the hours since he had been found, and against his ghostly pale complexion it looked darker still.

"This is what caused the coma?"

"Not only that, there is evidence that his head struck a door frame…and of course the shock and blood loss…"

Andrew collapsed into the chair beside Tim's bed, and gently reached out for his hand.

"He's been hurt before…and it was bad, but I never saw him…after the car accident, I was at sea…Tess, his mom, she dealt with that alone…and it...it's not like I haven't seen wounded men before, in the service you're lucky to escape seeing things like that, but…Ducky, this is my son. I wish Tess was here, she'd know what to do…what do I do Ducky?"

"You're already doing it Andrew, you just need to let him know you're here, talk to him."

Andrew gave a brief glance at Ducky, then turned again to his son.

"Tim if you didn't want to come out for dinner tonight, you only had to say…you didn't have to get…"

Andrew leaned his head on Tim's hand, and Ducky watched, powerless to offer comfort as huge sobs shook his body.

"Oh son, don't give up…your mom will be here soon, she'll make everything better…."

But sadly, the arrival of Theresa McGee did not make everything better. Tim remained in his coma, on a ventilator, and after numerous tests; EEGs, MRI scans CT scans, the doctors started to talk about the possibility that he might never wake, and if he did, he may never be the man he was before the attack. The double blow he had received had caused his brain to be shaken violently in his skull, coup, contrecoup Ducky told them…one of the most dangerous types of head injury, and one that could leave the victim with lasting complications…

Things were no better with the search for Tim's attackers. Director Vance had offered Gibbs every agent he needed, access to MTAC, the FBI…anything that may give them a lead, but they had nothing to work with. Countless hours of re-checking security footage, re-interviewing virtually everyone who worked in the 24th Place area, combing the alley again, going through dumpsters…they had exactly what they had the day Tim had been stabbed…absolutely nothing.

After two days the doctor allowed the family only rule to be relaxed, hoping as they all did that the presence of his friends could be the catalyst that would bring him out of the coma.

As the days went by, Tim did make improvements, slight as they were; he was taken off the ventilator, and his vital signs were much more stable, and stronger…but he showed no signs of regaining consciousness. The security detail had been scaled down, there had been no attempt to breach security, and with no leads to chase in their case Gibbs and the team took over the watch on Tim. They were joined by Abby and Ducky, but no one complained that they weren't field agents…they were Tim's friends, and that was what he needed more than any amount of armed security.

So the team divided their time between their fruitless search, and sitting with Tim and his parents.

They listened enraptured to tales of Tim as a youngster, his car accident, his troubles at school, his ease with math, science, his near genius with computers. They heard about the constant moves from one base to another, the difficulty in making new friends, the close ties he had to his little sister, how she brought out the protective instinct in him…and Tony had to ask.

"I was wondering…why isn't Sarah here? Wouldn't she want to be with him?"

Theresa smiled and took a moment before she answered.

"We've thought long and hard, Drew and I…but Sarah's on a hiking holiday in Yellowstone…no phones, communing with nature she said."

Tony couldn't believe that.

"This is Sarah…McGee's little sister? Didn't think she could survive without her blog!"

"She's grown up a lot in the last year or so…and her boyfriend loves the outdoors."

Tony nodded sagely…now that he could understand. Gibbs turned to Andrew.

"We could have the Rangers find her…"

"Let's just wait Jethro…I really don't want her to see her big brother like this…"

They let the subject drop, it was entirely up to Theresa and Andrew, but they'd be ready to find Sarah if necessary.

The conversation turned again to Tim, and his parents heard more about their son's time at NCIS; his evolution from naïve, stammering case agent at Norfolk to an integral part in the most prestigious team in the whole of NCIS.

For two days they talked about pretty much anything to do with Tim, aside from the fact that when he woke from his coma, he may not be the Tim they had been talking about…none of them had forgotten those dread words that had been spoken more than once by the medical staff.

"We have to prepare ourselves for the fact that there may be some brain damage."

No, his family and friends were not going to prepare for that; Tim would be okay…a little disoriented at first, but he would be okay.

On the sixth morning after the attack Gibbs entered Tim's room and handed Andrew a fresh cup of coffee.

"I think this is the longest I've ever gone without having a conversation with Tim…except sometimes when I was at sea…Is it too much to ask Gibbs? I just want to hear his voice again, to tell him I love him…I didn't tell him that enough, I should have…"

"He knows Andrew."

They sat in silence watching Tim breathe, and appreciated anew the fact that he was breathing unaided; the ventilator was gone, the chest tube was gone; the bruise on his head had entered what Tony called its Technicolor stage, but Tim was looking a lot better than he had when Gibbs had first been allowed to visit…

"Jethro! Did you see?"

Andrew was out of his chair and holding on to Tim's hand. Gibbs had seen…Tim's eyelids had fluttered open slightly, almost imperceptibly; but it was enough to have hid dad holding tight to his hand. Gibbs laid a restraining hand on Andrew's arm.

"Steady Andrew, don't rush him…"

They both waited, each of them holding their breath...there it was again…and this time the eyes stayed open. Tim seemed to take an age to focus, but he did…and his eyes locked on Andrew McGee, he looked a little confused, and in a voice raspy from lack of use, whispered.

"Dad?"


	3. Chapter 3

**Lapsus Memoriae**

_A Lapse of Memory_

In an instant Tim's expression changed from one of slight confusion to complete bewilderment.

"Dad...you shouldn't be here…it's too early…I have to work…collect the tapes…Gibbs is waiting…you have to go…now!"

His breath was coming in short gasps, and he struggled to raise himself to a sitting position. Andrew laid a restraining hand on Tim's wrist, but Tim pulled his hand away, he looked around and tried to focus on the other person in the room…oh no, Gibbs was here, that meant trouble.

"Boss…I'm almost done...one more tape...I should go..."

Tim attempted once more to lift himself up in the bed...bed...this was wrong, he should be working, why was he in bed? Gibbs and Andrew gently applied pressure to his shoulders, but Tim wasn't having that, he struggled against them.

"Let me up please...we have...missing person...I have to..."

The monitors around Tim's bed had started to sound numerous alarms, and within seconds two nurses were running into the room. One of them took a quick look at the scene.

"Tim...listen to me, you have to stay still, you'll tear your stitches...calm down..."

Tim glanced from the nurse to his father, then Gibbs and back again...what was going on? Why did everything hurt so much? Why did his dad look so worried? As the fog in his brain cleared still further he could see the tubes in his arms, and hear the beeping…he must be in hospital…but how?

"Dad, was there…accident?"

Andrew took hold of Tim's hand.

"No son…"

His voice broke, and he swallowed, then tried again.

"Not this time, you were hurt; but you're on the mend now."

"Head…hurts…"

"Then close your eyes, Tim…rest some more, Mom and I will be here when you wake up."

He collapsed back onto his pillows, his eyes closed and his breathing settled back into a regular rhythm. Andrew was desperately disappointed that his son had succumbed to the world of unconsciousness once more. But he knew deep down, that for Tim, a world of darkness and quiet was surely better than the world of chaos and confusion that had greeted him when he woke.

"You okay Andrew?"

Gibbs could only guess at the emotions that Andrew was feeling right now, from the elation of seeing his son wake from a six day coma, to the despair of seeing him so disoriented and anxious.

"He didn't know what he was saying; I've been there…waking up can be hard…I rejected my whole team, couldn't remember them, not a single recollection, but the memories came back, and Tim's will too, when he's stronger."

"I hope you're right Jethro. I know Tim, when he understands why he's in here, he'll want to remember more than anything, so that he can help you in your investigation."

"We can wait, like you said, he needs to rest."

Tim remained in his cocoon of darkness for the rest of that day. Doctor Firth met with Tim's parents, Ducky and Gibbs.

"I know it can be distressing to witness someone waking up with such an extreme reaction, but it is quite common when someone has suffered severe head trauma."

Theresa and Andrew sat hand in hand as they listened to the doctor; Sarah was due in tomorrow and they had prayed that Tim would be awake by the time she arrived. But their prayers had not included the fear Andrew had seen in Tim's eyes as he struggled to get out of bed...afraid that he wasn't doing his job...Theresa leaned closer to the doctor.

"When will he remember?"

"The attack? He may never remember it all, but given time, some fragments may come back. You must understand, recovery from a head injury can be very unpredictable; one day he may remember something, then next day – it's gone again."

"But now that he's woken up, he will recover won't he?"

Doctor Firth looked at their eager faces; this was always hard for family members to hear.

"I wish I could promise you that, I really do..."

Theresa seemed to shrink before their eyes as she was hit by this new blow. Andrew drew her into his arms and turned to Ducky.

"He could still...? I mean, he was confused and all, but he knew me, and Gibbs..."

"There are no guarantees Andrew; Timothy almost died; in the Emergency Room, his heart stopped briefly, he has been on the very edge of life, and it's a long journey back from there."

"Then we need to stay with him until he comes back to us. Doctor Firth, is there anything more we can do for him?"

The doctor shook his head.

"You're already helping him just by being here, his family and friends, that's what he needs...next time he wakes, he may be just as disoriented...and you should prepare for that, but familiar faces, and voices, they can help to calm him down, bring him back to reality."

Tony had finally managed to persuade Andrew and Theresa to go and get some sleep. Ducky had declared his home open to them whenever they wanted to use it, and deep down, they both knew that they were emotionally and physically exhausted, Tony was right, they needed to sleep in a proper bed. So, he was here alone…in the small hours of the morning…watching, waiting, and hoping for some sign that Tim was going to wake up once more.

"Tim?"

He was sure there had been a slight flicker of Tim's eyelids. There it was again.

"Hey buddy…it's Tony."

Tim slowly turned his head toward Tony, and blinked his eyes a few times, trying to clear his blurred vision. His eyes opened wide and with a huge effort he pulled himself up to a sitting position.

"I'm almost done…I told you…don't need help...let me finish."

Tony leapt to his feet.

"Tim…steady…you'll hurt yourself."

He reached out and took a firm grip of Tim's shoulders, but Tim fought hard against him, lashing out in blind panic.

"Let me go! I have…work…get off me!"

With almost superhuman strength he struck Tony and almost fell out of the bed, Tony felt the acrid taste of blood in his mouth, but he focussed on holding Tim as tight as he could, one IV was already hanging loose and Tony knew if Tim didn't stop thrashing around he would pull out the catheter…

"Hold still Tim...you don't have to work, it's all done, hold still for me."

As quickly as Tim's strength had come, it left him, and he collapsed into Tony's arms, a grimace of pain contorting his face. One of the night nurses came running into the room, and helped Tony get Tim back into the bed, as the alarms continued another nurse arrived and they ushered Tony out of the room.

"Give us a few minutes to get him settled, speak to Nurse Bailey, she'll look at your mouth."

Tony, had forgotten about his cut lip, after seeing Tim so distressed, it really didn't seem important.

"It's nothing, I'm fine."

But he wasn't fine, and it had nothing to do with a cut lip, he stumbled out of the room, and took a few deep breaths in an attempt to steady his racing heartbeat. If he hadn't been there, if Tim had woken up alone and tried to get out of bed…he shuddered, how much longer was his friend going to remain in this twilight world?

"He's looking much better."

She stared at her brother in disbelief.

"This is better? What did he look like before? He looks terrible…"

Sarah moved slowly toward Tim's bed, and took his hand. She almost collapsed into the chair.

"Tim…can you hear me? It's Sarah…Oh Tim…"

She stroked his cheek, and tried to get her head together, to fully understand what had happened. There had been a message waiting for her at the Ranger's Station telling her to call her dad…and from the moment her father had told her about Tim, she had been racing through airport check-ins, flight connections, taxi rides, until finally she was here…and she simply couldn't believe what she was seeing.

Her big brother, who'd been there for her all her life, who'd even read to her and played board games when his leg was in plaster…who had never turned away from her, even when she was accused of murder…he'd almost died…and she had been enjoying her vacation without a care in the world. Someone had thrust a knife into Tim's chest, had struck his head so hard that he's been unconscious for six days…

"You should have called me Mom."

Theresa stood beside Sarah, and tried to see Tim through her eyes. To see him as if for the first time - and he did look very sick. His skin so pale, the bruise dark and foreboding, there were deep shadows under his eyes…he was still linked to the monitors, and IVs, and there were new bruises on his arms where he had been restrained last night.

"Honey…we didn't want you to see…and maybe we were wrong, sometimes I forget you're a grown woman…"

Theresa hadn't even realised she was crying, the tears seemed to come so easily these days, but Sarah noticed, she let go of Tim's hand and wrapped her arms around her mother.

"Don't cry Mom, I'm here now…we're here for Tim, nothing else matters right now…"

It was as if the united strength of his family did indeed help Tim, not that he recovered overnight, but he was able to remain in a much more settled state when he woke. He still had a moment of dread, when he was sure he should be out working…but he was quicker to understand that he was hurt, and that he had to stay calm, to heal.

He was moved from the ICU to a private room, and was able to spend a little time out of bed each day, but he was still frail, and his physical therapy was hindered by regular headaches that left him physically drained.

He was resting after a brief visit from his therapist; they had started him on some gentle exercises, making a start on building up his wasted muscles. Theresa was with him, content to sit in silence if that was what he wanted. He was still having trouble processing everything that had happened, and the gaps in his memory had become increasingly frustrating for him. He gave a deep sigh, and then tried to give his mom a smile.

"Mom…Why can't I remember? It's like the crash…I remember the bus…then nothing…"

"Don't force it Tim, your body has been through so much, you need to heal, give it time…"

"How long? Sixteen years? Gibbs has to know what I saw; I should remember."

"Your mind isn't ready to deal with what happened right now. And Tim, much as I want them to catch whoever did this to you, what I want most of all is for you to get well, and you won't do that if you keep fretting over what happened. If you never remember, it wouldn't matter to me…"

"But that's the coward's way out Mom…what if they attack someone else? It would be my fault."

"Don't you dare think like that Timothy McGee! What happened to you was terrible…Tim, you could have died…"

She held tight to his hand and felt the sting of salty tears, why did Tim always have to take the weight of the world on his shoulders?

"You listen to me Tim, if you do remember, then Jethro and the others will move heaven and earth to find whoever did this to you. And if you don't, we learn to live with that, and most especially you have to learn to live with that."

He gave a tired smile, and gripped tight to his mom's hand.

"I'll try Mom."

"Is that a promise?"

His smile grew a little wider, and with his free hand he made a gesture across his chest.

"Cross my heart…."

He drifted back to sleep…and Theresa sat beside him, content in the knowledge that at least now he was sleeping, rather than unconscious.

Gibbs leaned against the wall, as far away from the bed as he could be; they tried to give Tim's family some privacy, but Gibbs was insistent that the team maintain a security presence…his gut was still telling him that they needed to keep watch over Tim. They wanted so much to get the people who had plunged their friend into this strange nether world of remembering, but not remembering… Each and every one of his investigator's instincts was telling Gibbs that the only person who could lead them to Tim's attackers was Tim himself. And he wanted to scream at him. Remember! Tell us something…But he knew that would be useless. From his own painful experience, he knew that memory would return in its own good time, if it returned at all…


	4. Chapter 4

**Ope et Consilio**

_With help and counsel_

"You okay in there Tim?"

Andrew McGee was hovering outside the bathroom door.

"I'm a big boy now Dad, I've been shaving myself for years!"

Andrew gave a broad smile. It was so good to hear Tim sounding so…normal. Two short weeks ago he'd have given Tim a put down for cheeking his father, but today, he could have hugged him there and then. He knew he should let Tim alone, after all he was just relishing the fact that he could do things for himself at last, but Andrew had to be honest with himself, he was scared whenever Tim was out of bed and out of his sight…he still looked so brittle, as if the slightest blow, physical or mental could send him back into oblivion.

The bathroom door opened and Tim grinned at his father.

"See Dad; the fearless Federal Agent survives the perils of solo shaving!"

"You know what your mom would say if she was here."

"I do, I've been grounded more than once for sass. Seriously though Dad…I'm good, you don't have to worry so much."

"But you must admit, I'm good at it…worrying I mean."

Tim gave his dad a hug as he made his way back to the bed.

"I guess I've given you plenty to worry about haven't I? But I am on the mend Dad, and I think…I think maybe you should go back to work, back to San Diego."

Andrew wasn't surprised by this; Theresa had told him that Tim was worrying about his job.

"You think you're ready to be alone Tim? I know the doctor said you'd be ready for release soon, how about coming home with your mom and me?"

Tim shook his head gently, and smiled warmly at his dad.

"I won't be alone Dad, Sarah will be here, and the team…you know they'll look out for me."

"I know Tim…It's just, I'd be happier if you were home."

"Can't do it Dad…if I stay here…in DC, maybe something will unlock the memories, I have to know why I ended up in here, do you see?"

Andrew helped his now exhausted son settle back on his pillows.

"I understand son…and you're right, I should get back to work…but you need me for anything, you call."

"Sure will Dad…"

Tim's parents had flown back to San Diego, but not before Theresa had taken Gibbs to one side.

"Jethro, I know you lost your daughter to a terrible act of violence, and your wife...I have no idea how you came back from that. Andrew...he missed so much of the children growing up, and he's always felt guilty that he wasn't Stateside when Tim had his accident...he's been thrown a curve ball, and he's struggling to deal with everything right now. If we go home, and something happens to Tim; if the people who hurt my son come back..."

"They'll have to go through me, and Tony, Ziva, heck even Abby and Ducky. We will protect Tim...I give you my word."

Gibbs' word had been good enough for Theresa, and she'd managed to persuade her husband that Tim would have the best of care. So they'd headed back to San Diego with Tim's promise that he would call them every day.

Tim was sitting up on his bed; his physical therapy had gone well, but each session still left him exhausted, and sometimes when he was really tired, the headaches would come back...but that was happening less frequently, and he was learning to deal with them, now if only he could remember...

Ziva watched him closely; they all knew the signs by now.

"Is the headache very bad McGee?"

He shrugged a little.

"Not this time…Ziva, how long do you think Gibbs will have you on protection detail? I mean, it's been two weeks and nothing's happened."

She stood beside his bed, and took hold of his hand.

"Perhaps it is because we are here that nothing has happened; do you no longer wish to have us around?"

He gave her hand a gentle squeeze.

"You know it's not that…it's…I'm keeping you away from work, important work, just because I can't remember what happened!"

"McGee…you must believe me when I say, there is nothing we have to do that is more important that protecting you. When you were in the coma, and we thought you could die…they were terrible days; we did not want to lose you then, and we do not want to lose you now. So for as long as we fear for your safety, we will stay with you."

"Thanks Ziva…I just wish…."

He gave a deep sigh, and closed his eyes. Ziva watched as his breathing settled into his regular sleep rhythm, and she went back to her chair by his bed. They all wished that he would remember too, but Ducky had warned them not to push him, and not to tell him any of the few facts that they had learned about his movements that morning. When the memories did return, if they returned, they had to be his own, not corrupted by snippets of information from outside sources.

Her shift was almost over when Tim woke again.

"Man, I'll be glad when I can stay awake through a whole day. It must be pretty boring for you, watching me sleep for hours on end."

"I am happier watching you sleep, than watching a machine breathe for you; and just think, now that you are awake you will be able to chat with Tony."

"Someone mention my name?"

Unnoticed by Tim, Tony had breezed into the room.

"Hey Tim, I got two new DVDs, we can watch later…unless you've managed to persuade that cute nurse to take you somewhere special tonight."

Tim couldn't help but smile, Tony certainly had his own unique way of fulfilling his protection duties.

"If you think she's so cute, why don't you ask her out?"

Tony shrugged his shoulders.

"Not my type."

"Come on Tony, she's female, under thirty and breathing, of course she's your type!"

Tony gave Tim a gentle slap on the shoulder, he was always careful not to touch his head, scared of causing his friend any further damage.

"Less back-chat McPatient, or I may have to slap you back into a coma."

They both knew that was absolutely the last thing Tony wanted, he'd been as anxious as the rest of them…sitting for seemingly endless hours on uncomfortable hospital chairs, drinking disgusting vending machine coffee, and waiting…then waiting some more…

"I'm okay you know, Tony."

Tim had seen the furrowed brow, and the worried look that Tony wore all too often these days. Tony switched on the DiNozzo grin, and grabbed the first DVD to hand.

"A Hitchcock classic for your movie edification tonight…Gregory Peck, Ingrid Bergman, _Spellbound_…no wait, we'll have the Marx Brothers instead."

"What's wrong with Hitchcock? I thought he was your favourite."

"Not that one, we can watch some other time…"

"Tony, what's your problem? Oh, I know…amnesia; someone in the movie has amnesia. Look Tony, I can't remember what happened to me that day, fact. Will watching _Spellbound _change that? Not likely; so just put in on, okay?"

They sat together and watched the movie; Tony even managed to tone down his usual flow of commentary, most of the time. That night Tim slept better than he had in days, he wasn't sure whether it was relaxing with Tony watching the movies, or whether it was just that his general health was improving, even though it seemed to be a painstakingly slow process.

Next day he got the news that he thought was never coming, he could go home! Well, not his own home; the doctors weren't allowing that. He was being released into Ducky's care, and would spend the first part of his recuperation staying at the ME's home.

"You're sure this isn't too much trouble Ducky? I could get Sarah to come stay with me."

"It would be more trouble to me if you didn't stay at my home Timothy. I will be much happier keeping a close eye on you myself. You have made very great progress in a short time, but I don't want you to do anything that could set back your recovery. Now, I will go and fetch your release papers, and we can get the paperwork done."

"Mel said I had to see him before I leave, he wants to set up some appointments for me."

"Quite right, you must keep up the physical therapy. I'm sure he'll give you some exercises to do at home too. We need to build up some stamina."

Tim smiled, and flexed his biceps.

"Not McMuscles yet Ducky, but I'm working on it."

"Don't work too hard Timothy; we wouldn't want to give Tony an inferiority complex."

"No way; he's been helping me Ducky, keeping me hard at work."

Tim's smile faded a little.

"Sometimes, when he thinks I'm not looking, I see him watching me; he looks...not like Tony."

Ducky hesitated at the door.

"He's had quite a scare, we all have...Tony, he's always prided himself on being there for you, having your six. But this time, he wasn't there, and it's been eating him up inside."

"But he couldn't be with me; he was doing interviews with Gibbs and Ziva."

"We both know the truth of that, and so does Tony, deep down. Let him help you Timothy, he needs it as much as you..."

"You got it...Hey Ducky; I'm getting out of here!"

Three hours later a hunched figure hurried into the hospital parking lot, and with shaking hands lit a cigarette. This was the first chance she had since her shift had started to get away from her floor. No one would think twice if they saw her out here, it was canteen gossip that she was having trouble kicking the nicotine habit. She looked around, no one to be seen; so she took out her cell phone and dialled the number she had been given. It was answered on the second ring.

"Yes?"

"You said I should call if anything changed. They've taken him to stay with a Doctor Mallard."

"His amnesia?"

"No change there, it's still a blank."

He switched off the phone, and turned to the other man in the room.

"They've released him at last."

"He remember anything?"

"No, not a thing. And now that he's out, we can make sure it stays that way."


	5. Chapter 5

**Festina Lente**

_Make haste slowly_

Tim had wanted so much to savour his new found freedom. But by the time he had completed all the formalities at the hospital, been given a new programme of exercises by Mel Eves his physical therapist, and been driven over to Ducky's by Gibbs, he was out on his feet.

Ducky vetoed the idea of any visitors descending on Tim, and promised them they could come the next day, provided Tim suffered no ill effects from his transfer. Ducky and Gibbs helped Tim up the stairs, Ducky showing genuine concern as Tim started to breathe hard after just six steps.

"I should have had a bed made up for you downstairs Timothy, but I thought you might enjoy sleeping in a proper bed."

"You were right, I'll be fine upstairs, just tired after all the excitement."

"If you're sure."

"Certain, I've put you to enough trouble as it is without moving furniture."

"I don't think I would have been without assistance, would I Jethro?"

"You got that right Duck. We would have helped Ducky turn the house upside down to get you home Tim."

Tim felt the sting of tears; they had all done so much for him already, and now this, it was almost too much...

"Thank you. I can't tell you how much it means to me…"

"Then don't try my dear boy; tonight just sleep. There will be time enough for talking tomorrow."

No sooner had Tim settled back on the wonderful Queen Size mattress, than his eyelids closed, and under the watchful eyes of his two guardian angels he had fallen fast asleep.

Gibbs had sent Ducky to bed an hour or so after Tim.

"You're going to be busy for the next few days Duck; he'll be relying on you, so get some rest while you can."

"I am a little tired; it's been a busy day. I should get you a quilt before I go, the couch is quite comfortable."

Gibbs shook his head, and ushered Ducky up the stairs.

"I'm not here to sleep Duck."

Gibbs was nursing his second cup of coffee, and reflecting on Tim's current situation. The doctors were pleased with his rate of progress, his recovery was on track, Gibbs just wished the case was making progress at the same rate. They had come to a complete halt, any usable evidence had been washed away by the rain, there was no useful security camera footage, and canvassing the area multiple times had been a complete waste of time. Until such time as Tim's memories of that day were unlocked they were going nowhere.

Things were much the same in the Renton case; there had been no sign of the Petty Officer, and Goodall's team was feeling almost as frustrated with their case as Gibbs' was with their stalled search for Tim's attackers. Goodall had found some anomalies in Renton's email traffic at work, but deep as they dug they couldn't find out what she had been working on, or what she had been hiding so well…they'd keep on looking, but leads were few and far heard a movement upstairs, and hurried up to check on Tim.

"I'm okay Boss, needed the bathroom is all."

"Okay, just holler if you want anything."

Tim nodded, and gave a tired smile.

"I've got everything I need thanks…"

Gibbs helped Tim back into bed, filled up his glass of water, and headed back down the stairs.

Tim had woken late the next morning, and was not surprised to find Tony sitting in the armchair near the bedroom door.

"At last McWinkle, I thought you were going to sleep the day through."

Tim raised his eyebrows quizzically before realisation dawned.

"McWinkle? Oh…Rip Van Winkle…that's a stretch even for you Tony."

Tony gave one of his special wolfish grins.

"Stretching, somebody mentioned stretching? You really should stop giving me openings like that Tim…come on, time you were up and moving."

Tony gave Tim some privacy to get himself ready for the day. He waited downstairs with Ducky while Tim showered and dressed. They both looked up immediately they heard the bedroom door open, and Tony was about to get up from his seat to help Tim down the stairs; but he was stilled by a touch from Ducky.

"Let him try Tony, he's desperate to do things for himself."

Tim knew they were watching him, so he gave them a quick smile before he started his slow and careful descent. The smile broadened as he made it to the bottom of the stairs.

"Good work Tim, you should get something to eat, and then we can get started on some gentle stretching, and those new breathing exercises."

"That's enough for today Tim."

"Oh, come on Tony, ten more minutes."

Tim was sweating and breathing hard, but he felt alive, and after so many days of feeling nothing, he was relishing even the aches and pains. Tony grabbed a towel and passed it to Tim.

"I said enough; you know what Mel told us, stick to the programmes and you'll do fine, no jumping ahead."

"You're getting bossy in your old age Tony!"

"Hey, less of the old. I could still outrun you."

Tim grinned.

"Ya think Tony? The way I feel right now, Ducky could outrun me!"

"But not for much longer Timothy; you did well. Let me take a quick look at you, and then I think a hot shower is in order."

Declaring himself satisfied that Tim's pulse and blood pressure were within acceptable limits, Ducky ushered Tim upstairs. He hesitated on the first step.

"Am I cleared for visitors Ducky?"

The eager expectation on Tim's face would have melted the hardest of hearts, and Ducky needed no second bidding.

"You are, but if you show any signs of stress, I will send everyone home, no argument."

"Thanks Ducky, and Tony...thanks for the therapy, see you later."

Ducky handed Tony a cup of coffee.

"Did you reach her Tony?"

"Abby's going to spread the word; she'll have everyone here by 4.30."

"Good, Timothy should manage an hour or so before the throng becomes too much."

"Is it too soon Ducky? I could call Abby, tell everyone to take a rain-check."

"Anthony, I don't think that young man upstairs will last one more day without seeing everyone. A hospital stay…it can make one feel very isolated from the world, it will do him good to be surrounded by friends, just not for too long."

"I hear that…he doesn't complain or anything, but I know he wants things to be normal again, the quicker the better."

"He does, and that is where we will have to guide him Tony. He must not try to run before he can walk."

"Mel told me he had to stop Tim pushing himself too hard, he looks soft, but underneath…I've missed him Ducky, at work. It's been too quiet without him, not that he talks a mile a minute, not like Abby."

"Unless it's about jet packs…"

"Oh right, he does love to speak the geek, but…I talk to him you know, and even when he pretends he's not listening, I can see him smile, or raise those eyebrows…."

Ducky nodded, a little smile played around his lips.

"Indeed Tony, he can be remarkably eloquent without uttering a word."

"That's why it was so hard, seeing him for days…not moving, no eye contact, nothing...I don't ever want to go through that again."

Ducky shuddered.

"Heavens no, we none of us wish that, but he is on the mend Tony, you of all people should know that."

"You're right, I know. I'm just not very good at waiting; always had to go searching for my Christmas gifts, couldn't wait for Christmas Day."

"Somehow Tony, I find that very easy to believe."

They both smiled contentedly, and drank their coffee in companionable silence. Tony glanced at his watch.

"I'll go wake him; he'll want to be downstairs when the others get here."

Tony had barely set his foot on the first step when the comfortable quiet was destroyed by the terrifying sound of shattering glass, followed almost immediately by a dull thud from above that seemed to echo through the house. He set off up the stairs at a gallop, and he was almost on the landing before he drew breath to cry.

"Tim!"


	6. Chapter 6

**Tempus Omnia Revelat**

_Time Reveals All Things_

Tony burst into the bedroom, Tim was lying face down on the floor, and with every fibre of his being Tony wanted to check on his condition, but he had another priority right now. Gun in hand he ran to the shattered window, the drapes were fluttering in the breeze, a gunshot, it had to have been a gunshot, but he had heard nothing...only the glass shattering, and Tim hitting the floor… taking care to stay out of sight, he checked out the rooftops opposite, but whoever had fired the shot was gone. Tony quickly closed the drapes and rushed to Tim's side, he found himself whispering.

"Not again…"

"T…Tony…I'm not hit…"

A wave of relief flooded through Tony, but he couldn't relish the moment, his job wasn't done. Tim tried to raise himself from the floor, and Tony caught a glimpse of Ducky hovering outside the door, his medical bag in hand.

"Stay down. Ducky, you can come in, but keep low. Look out for the glass."

There were pieces of broken glass all around the floor, and as Ducky helped turn Tim over, he was enormously relieved to see a few scratches on his face and hands, but no other injuries. Tim held out a shaky hand, and pointed across the room.

"M...mirror…they shot the mirror."

As they helped Tim out of the room Ducky and Tony stared open mouthed at the mirror, or rather the remains of the mirror hanging on the bedroom wall. Tim sank to his knees on the landing, his fall softened by Tony who grabbed hold of his elbow and held him steady.

"They must have seen your reflection, from a distance they would have thought..."

"It was me...but Tony, how did they know where to find me?"

Tim was beginning to shiver uncontrollably, and Ducky ran into his own bedroom for a quilt.

"Let me put this round you Timothy, and Tony will help us downstairs."

The three of them made slow progress to the lounge, and as soon as Tim was reclining on the couch Tiny called Gibbs.

"Boss! It's Tim, someone took a shot...no, he's okay, shaken up...got it."

He switched off the phone and quickly moved around the room, checking the windows.

"The Boss is coming over; he wants us out of here."

"W...Where do I go now Tony?"

They were assembled in the place that Gibbs considered his safe haven, the basement, all except Ziva, she was keeping watch upstairs. No boat in the basement these days, just a workbench covered with small woodworking projects in various stages of completion. Tim was sitting beside the bench, holding a wooden train in trembling fingers. Sarah was sitting to his left, her arms around his waist, he hadn't spoken a word since his unanswered question back at Ducky's and she was frightened, more frightened than she had been since that first sight of him at the hospital.

"Tim…Tim, you're safe now, Gibbs will watch out for you."

He stared at her with uncomprehending eyes, and dropped the train to the ground as a fierce spasm of pain stabbed through his head. His hands flew to his temples and he started rubbing small circles, trying to erase the pain.

"Let me Tim…"

Abby had been standing behind his chair, her hands resting lightly on his shoulders, just wanting him to know that she was there…she took his hands in hers, let them rest in his lap, and she took over the gentle massaging of his temples. Ducky was already reaching into his bag for Tim's painkillers as Gibbs leaned toward him with a question.

"Should we get him back to the hospital Duck? He doesn't look good…"

"Give him a little time Jethro, Timothy was barely adjusting to being out of hospital; I don't think it would aid his recovery to have him go back so soon. But I would be happier if he would communicate…"

As if on cue Tim whispered.

"You should go…no, I should leave, you could get hurt because…because…they tried to kill me…and I don't even know why…"

He pushed Sarah aside and stood up…too fast, his vision clouded and he felt so hot, then cold…Tony and Gibbs grabbed an arm each and guided him back to the chair. Ducky sat beside him and Tim seemed to re-focus.

"Your mirror…Ducky, I…I'll pay for repairs…or get you a new one."

"Timothy! The mirror is of no importance; I would lose every possession I have rather than see you hurt again."

Tim looked back at him with blank eyes; this was what Ducky had dreaded. All the painstaking progress that Tim had made in the last few days seemed to have been swept aside by a single gun shot. He hadn't been hit, but that bullet had shattered more than a mirror, it had crushed Tim's confidence, and that would not be easy to repair.

"Timothy; do you think you could eat something? Your blood pressure is rather low, and I don't want you passing out on us…"

"Eat…not hungry…"

He looked down at the cuts on his hands.

"My face…did the glass…?"

"Mere scratches Timothy, they'll heal in no time."

Ducky popped a thermometer in Tim's mouth, and checked his pulse again. He glanced around at the worried faces in the room, and he knew they were all thinking along the same lines. Tim looked every bit as sick as he did when he woke from the coma, the dark shadows had returned, there was a haunted look in his eyes, and his lips were pinched with the pain from his latest headache. Ducky removed the thermometer and gave a little sigh.

"Is the pain very bad?"

Tim gave a bitter smile.

"I've had worse…"

"But not many I would suggest. Well, young man, your temperature is up, as is your heart rate; that is only to be expected after this afternoon's events, but I have to insist that you eat something, and then we'll see about getting a bed made up for you."

"So much for sleeping in proper bed."

Gibbs took his cue from that; he always hated standing around doing nothing, finding bedding for Tim would keep him occupied, stop him thinking about the way Tim had looked when he and Ziva had arrived at Ducky's. He had been sitting on the couch, huddled up like a child in a huge quilt, shivering, unable to make eye contact with any of them…and now Gibbs knew why, not because he was scared for himself, but because he didn't want to put his family and friends in the firing line. He walked across to Tim and gave him a light tap on the shoulder.

"What makes you think I can't get a proper bed down here?"

A ghost of a smile crossed Tim's face.

"Boss, if you can get a boat out of here, getting a bed in should be a piece of cake."

Gibbs grinned broadly, that was a bit more like it. Abby smiled too, and made a decision.

"We could all use coffee, and Tim has to eat something, you and Tony figure out Tim's sleeping arrangements, and I'll get some drinks."

Gibbs nodded, and allowed Abby to head up the stairs ahead of him.

"I'll show you where everything is Abs."

"No need Gibbs, I think I can find my way around a kitchen."

Tim stared at Abby.

"What did you say?"

They all turned to him, and were astonished to see that his face seemed to have lost even more colour, he stood up slowly, and Abby ran to his side.

"Tim what's wrong? You're scaring me…"

"I…I said that…at the 24 Club…I asked about the cameras, the manager…Keane…he…he said he didn't have time to waste showing me stuff that didn't work…told me to go ahead…the rear fire-exit…asked if I needed someone to show me the way…I said…I think I can find my own way…and I did. The fire exit, I…"

He started pacing around the workbench, Ducky tried to stop him, but he didn't seem to be seeing anyone, he was back in the 24 Club.

"I opened the door…I saw…oh, that's why…Boss!"

Gibbs put his hands on Tim's shoulders and halted the pacing.

"You remember?"

"I feel…I'm going to…"

Gibbs grabbed a trash can, and held it steady while Tim heaved until there was nothing left in his stomach. When he was done Gibbs handed Tim a cloth to wipe his face, and Tony had a bottle of water ready for him to take a drink. Gibbs guided him back to the chair; he knew exactly what this sudden return of memory felt like.

"Tim…it's overwhelming I know, but can you tell us…what you saw?"

Tim took a few sips of water.

"I opened the door…in the alley, a car…two men, and…they were carrying something, it didn't feel right…I went for my gun…it was a body…a woman's body…Oh Boss…it was…the Petty Officer…I was going to tell them…Federal Agent…then my head exploded…dark…"

"Jethro, that's enough, he's on the verge of collapse."

"No, Ducky! I have to tell before I forget again…licence plate…I know it…let me think…JBA...248...there's another...5...that's it...I remembered!"

Gibbs wrote the number on his notepad.

"That's great work Tim...Tomorrow you can go to NCIS and work on pictures for a BOLO. Now we'll get a bed for you, and you do as Ducky says."

"But what about the men…I can see them...in my head...what if I forget again…"

His head suddenly felt so heavy, and he was so tired…but he couldn't stop now…Ducky signalled to Tony and they caught Tim just before his head hit the workbench.

"He needs sleep Jethro, and lots of it."

Tim's eyes opened slowly.

"No, can't sleep…can't rest…"

"You will get some sleep young man, even if you have to be sedated. You will eat something, then rest, or you won't be going anywhere tomorrow."

Ducky got his way, and Tim was already deep in an exhausted sleep when Gibbs drove Abby to NCIS. Even though there was still a threat hanging over Tim, they all felt a new optimism. They had something to work with, something that could lead them to the men who had put Tim's life in jeopardy, and maybe, just maybe these same men were involved in the death of Petty Officer Renton. Gibbs suddenly felt years younger, they had a purpose again, the MCRT was back on the case.


	7. Chapter 7

**Malo Animao**

_With Evil Intent_

Later that evening, three men were sitting around a glass and chrome dining table in a high rent apartment near Embassy Row. It was hard to imagine three people who looked less likely to be sitting together, sharing a chef prepared dinner in an expensively furnished apartment.

Sitting nearest the window, wearing a slate grey cashmere suit was a man in his late thirties, of just about average height. His 240lb bulk and a neck almost as wide as his head, had been enhanced by steroids and hours spent pumping iron in the gym; and judging by his deep tan, he also spent lots of time on the sun beds. His head was shaven, and his deep brown eyes were alight with passion as he tried to make a point to the man sitting across the table.

His protagonist was about twenty-five years old, just over six feet tall, with an almost skeletal frame; his jet black hair slicked back with styling gel. He had a diamond stud in one ear, and a ring on every finger of his left hand. He prided himself on always being at the cutting edge of fashion, and was dressed tonight in faded, ripped denims and a teal silk shirt that enhanced the dark blue of his eyes. He often gave the appearance of being haughty and detached, but he also had ice running through his veins, and could kill with a smile on his thin lips.

Tempers were running high, and the younger man banged his fist on the table, rattling the china.

"Don't blame me Nick; it was you who said we should shut him up before he could remember."

"But you didn't shut him up; they've just moved him somewhere new. He's with Gibbs now."

At the head of the table, doing his best to keep the peace was a man with the kind of face that wouldn't attract a first glance, let alone a second. He was of medium build, medium height, mid-brown hair, brown eyes, no tattoos, no jewellery; he was the poster boy for Mr Ordinary. Even his clothes were none descript, his professional ambition was always to blend in with the crowd, and he was very good at doing exactly that, he was also the most ruthless man sitting at the table.

"Knock it off you two! This isn't helping. Karl, you messed up today, and now they'll be even more on their guard. It makes things harder, but not impossible, I mean, it's not like we don't know where he is."

They concentrated on finishing their dinner, each of them content in the knowledge that Friedman was right; in the days since McGee had interrupted them at their work they had not been idle. Using the wide network of contacts available to them in the DC area, they had been finding every bit of information they could on the one man who could blow their cover, and have them put away for a very long time.

As soon as they had found out the hospital where he had been taken, getting his name had taken a matter of minutes. Armed with that information they had set about getting to know Special Agent Timothy McGee. One thing they learned pretty fast was that it would be suicide to try and reach him in the hospital; he was surrounded by a very protective family, and an even more protective team of co-workers. There had been someone at McGee's side at all times, and after Karl's abortive assassination attempt, no one in his protection detail would be leaving him alone anytime soon.

This was the time when the information they had already gathered would give then a head start. They knew the names of McGee's friends; they knew addresses, favourite eating places, the cars they drove. Wherever they took McGee, and whenever they took him, the three of them would be waiting. Their boss had given them carte blanche to hire as many men, and women as they needed in order to finish the job. He had too much time and money invested in his latest enterprise to let one man ruin it all now.

Heaving his bulk out of the chair Nicholas Grier went to the window, and stared out across the city.

"You know Giles; we shouldn't even have this situation to deal with, if you'd finished McGee off in the alley, we'd be free and clear."

"I didn't have time to think, when I saw him coming out that door, all I could do was react; he'd seen the two of you, and Renton. What was I supposed to do, let him call 911? I saw him make a move, could have been for a phone, a gun; you know what we always say...if you're not certain, eliminate the threat! So I hit him. I was protecting you, how was I to know he was a Federal Agent? He was a threat to the operation, and I dealt with it."

Grier put up his hands in mock surrender.

"Yeah, well all I'm saying is...if you'd hit him harder, we wouldn't have this problem now."

"Oh, I hit him plenty hard enough; just because I'm not built like a heavyweight boxer, doesn't mean I can't pack a punch, and when his head hit the edge of the door...I mean it was a metal fire door...he went down hard, I couldn't see how he would ever get up again."

"So why the knife?"

Freidman gave a cold smile,

"You know me; I like things to be tidy. Alive, he was a loose end, so what better way to finish him than with a coup de grace?"

"But he's not dead Giles, he's still out there, and ready to open his mouth any minute."

"I didn't see either of you rushing over to help me deal with him."

"Kinda had our hands full you know!"

"True enough."

Friedman scraped his fingers through his hair, and gave a brief sigh.

"You know, even when I used my knife, I thought...if you'll excuse the pun; I thought it was overkill...couldn't see how he'd live through the head injury. But, no loose ends, so I stabbed him...that should have been enough."

Karl Lipczynski had been sitting in silence listening to his team mates, but he couldn't let that one go without a response.

"But it wasn't...he must have contacted NCIS, and they found him..."

Friedman shook his head.

"I still don't know how he did that, between the head injury, and the blood...it looked...even before we left it looked like he'd already bled out...the rain must have made it look like there was more blood."

Karl gave a quiet chuckle.

"Man, did it rain that day! I was glad we were in our work gear, because rain and silk do not go well together."

Grier turned away from the window, and shrugged his shoulders.

"That's all spilled milk, we need to deal with the situation we have right now. Munro's been watching Gibbs' house, he said Gibbs and Sciuto went back to NCIS, do you think they already have something?"

"Do I look like a clairvoyant Nick? Don't sweat it; we have the resources to deal with McGee when necessary."

"You think we can get through his team?"

Giles Friedman took a deep swig of his beer, and went to join Grier at the window.

"Has anything ever stopped us before?"

Grier looked his partner in the eye.

"Not a thing..."

There was a short snigger from the man at the table.

"You have something you want to say Karl?"

"Look at you two, so smug and self-satisfied. Giles, we've never come up against people like this; they're professionals."

"So are we..."

"I know that, and I know we can get him...but why make it hard for ourselves? I told you, we should leave a welcome home present for him at his apartment."

"And I keep telling you, they have people going in every day to check on his place, there's no way we can get in now."

Grier smirked.

"But don't forget, before they started snooping around, I did leave a little something in that swanky car of his."

"Oh yeah, should be pretty ripe by now..."

Friedman patted his friend's rock solid shoulder and they all went back to the table.

"That was a bit of fun Nick, but things are about to get serious, if he ever does remember, McGee has the power to put an end to all this."

He waved his arm around the luxurious apartment.

"So we stay on our guard, work together, no more going off half cocked right Karl? We have plans to cover all eventualities, so let's stick to the play book from now on. We'll get him, not today, maybe not tomorrow, but one day soon will be McGee's last."


	8. Chapter 8

**Viribus Totis**

_With all one's strength_

Tim woke with a gasp…his head…when would the pain go away? He felt a cool hand on his arm.

"McGee, be careful, you must rest a little longer, it is too early."

"Ziva? What time is it?"

She helped him to sit up on the makeshift bed, and reached for a glass of water.

"It is 05.40, much too early for you to be awake, Ducky will not be pleased."

Tim drank deeply, and with a smile handed the glass back to Ziva.

"Well, I'm awake now. I should get to work."

She set down the glass, and pushed his shoulders gently, but firmly back onto the mattress.

"You will not move…unless you need the bathroom, do you need to…?"

"No! No, I'm good…Ziva, please let me get up, I'm so scared that if I wait too long I'll forget their faces…I have to get to work."

"Not now, you look so tired, you should lie down and try to sleep, just for an hour or so, then I am sure Ducky will permit you to rise and have some breakfast before we go to NCIS, will you try for me? Please…"

His eyes were already closing; he really was still desperately tired. But before he slept he had one more question.

"The licence plates…anything?"

"Nothing so far, but it is early days."

His eyes closed completely and Ziva pulled the comforter over him. She gave a deep sigh. This was not the time to tell him that the licence plates had led them nowhere…The plate had belonged to a dark blue Toyota Auris, a rental car which had been hired using a false ID and had not been seen since. Tony was waiting impatiently for the rental company to open so that he could check out their security tapes for the day the car was collected, and Abby was already collecting any traffic camera footage she could get for the area around 24th Place, now that they knew the make and model they could focus their search, something they hadn't been able to do before…but these were small crumbs of comfort. Ziva knew that Abby had so wanted to be able to tell Tim that they had found the car, and its owner, that they already had a name, but yet again, they were waiting for Tim to tell them something…

Two hours later he woke again, and this time Ducky was waiting with Ziva.

"Good morning Timothy; any headache this morning?"

Tim's muzzy brain took a moment to consider the question; they had become so much a part of his life since waking from the coma that it was hard to think of a time when there was no pounding in his head.

"A little…but it didn't stop me sleeping, so it shouldn't stop me getting to work on the pictures."

Ducky shook his head.

"Gracious me; you have a stubborn streak I had never perceived before. Very well, here are my conditions; when you have showered and dressed, and when you have eaten something, and I have examined you I will make my decision regarding any trips to the Navy Yard, agreed?"

Tim smiled ruefully; he knew when he was beaten.

"I don't really have a choice, do I?"

As the door swished open Abby turned from her monitor and started to run toward Tim, arms open, ready to envelop him in a huge hug…but her steps faltered as she took a good look at him in the harsh light of day.

"Oh, Timmy…"

She cradled his chin and gave him a very gentle kiss on the cheek.

"Did you get any sleep Tim?"

"I did Abs, just can't shake the headache…maybe, when the pictures are done."

She linked her arm through his and led him to a chair.

"You sit here, talk to me, I'll do the work."

Abby had the e-fit program open on her computer, and she sat beside his as, hesitantly at first, but then with growing certainty Tim described the two men he had seen carrying Petty Officer Renton's blood stained body to the Auris.

Once or twice he tried to take over from Abby, speed up the process by making the adjustments himself; but as he tried to focus on the finer details, his vision started to blur, and the dull ache behind his eyes increased in intensity.

Ducky was watching him closely.

"Timothy, let it be for now. You must have a break."

Tim shook his head, and winced involuntarily as the sudden movement sent a spasm of pain through his skull.

"I'm almost done…let me finish, please."

Ducky was already signalling to Jimmy to help him get Tim down from the chair. Tim looked to Abby for support, but she had already minimised the images, leaving the screen blank.

"Do as Ducky says Tim; you look beat, we can wait a little longer."

Reluctantly, Tim allowed Ducky and Jimmy to support him as he took a few unsteady steps around the lab.

"If I just...you're right, I was getting stiff sitting there...too tense I guess...just walk out the kinks...then I can finish."

"Steady McGee."

Jimmy took a firmer grip of Tim's arm as he felt the exhausted agent stumble. Ducky felt it too.

"That's it young man; you are going to take a proper break. Jimmy, would you make us a pot of tea please? The Earl Grey I think, and bring that box of cookies that your mother made."

He led Tim into Abby's office.

"Sit here, and try to relax...do you need a painkiller?"

Tim smiled wanly.

"No...maybe some...creepy music, and neroli oil."

"Timothy?"

"I'm okay Ducky; just thinking aloud...tea sounds good."

He folded his arms on the desk, and laid his head on the makeshift pillow. Ducky gave a satisfied smile.

"Good lad, you sleep."

"Not sleeping...resting, that's what you said."

Ducky shook his head, and ruffled Tim's hair gently; he knew deep down that Tim needed to finish this job even more than he needed sleep, until he was satisfied with the accuracy of the pictures he wouldn't be able to rest easy. Tim didn't sleep, and Ducky was even more convinced that he wouldn't until they could put names to the faces he and Abby had been building. Tim drank his tea, and ate two of Mrs Palmer's oatmeal cookies, then, with Ducky's somewhat reluctant approval, he went back to work with Abby.

"Anything, Tony?"

"They headed north Boss, but we lost them on New Hampshire Avenue, out near the Triadelphia Reservoir...no cameras out there. I've extended the BOLO to include Pennsylvania as well as the Tri-State area; if it's out there, we'll find it."

Gibbs put a fresh cup of coffee on Tony's desk, his frustration multiplying by the minute. Abby had run the ballistics on the slug from Ducky's spare room, a .408 Chey Tac cartridge, but the striations didn't match anything in the databases…he turned to Ziva.

"This man, the one who rented the car...Gibbs, I do not think this is the first time he has done this, look..."

She clicked the remote, and the security footage from Dollar Car Rental filled the plasma. A man of medium height and build was at the counter, handing over the fake ID, but what was most striking was the way in which he carefully avoided the cameras. Every shot was of his back, his downturned head, a hand across the side of his face. Then he was gone, and not a single frame that could give them a picture of his face. Tony had joined Ziva and Gibbs staring at the plasma.

"Are we ever going to catch a break?"

"Soon, Tony...soon."

The word was barely out of his mouth when his phone rang.

"Gibbs! Gibbs...he's done it! Tim's finished, we've got the pictures."

They went racing down the stairs, too impatient to wait for the elevator. As they rushed through the door into the strangely silent lab; their eyes turned first to the e-fits, and then to a deathly white Tim McGee. Tony went to his team mate's side.

"Hey Tim, that's great work."

"Not yet Tony, not until we have names...useless without names."

Abby was already running the facial recognition software.

"Timmy, please...you should go back to Gibbs' place, I can take it from here."

Tim turned intense, almost fevered eyes toward her.

"I have to wait...can't leave until I know..."

Leon Vance stepped out of the elevator toward Abby's lab, and the first thing that struck him was the quiet; he usually cringed as he went through the doors, his ears assaulted by Abby's music choice, and the volume at which it was generally played. But this afternoon, all was quiet as he took his first opportunity to look in on McGee. He was surprised to see the other members of MTAC hovering around their team mate.

"Agent McGee, how are you doing?"

Tim didn't take his eyes off the screen, where endless images were being checked against his e-fits and coming up, no match; and as he took a good look at him, Vance could see why the others were concerned. McGee looked beyond exhausted, the fresh scratches on his face, and the deepening shadows under his eyes emphasising his extreme pallor. McGee finally tore his gaze away from the screen for a second.

"I'm fine Director, thanks."

Vance found that hard to believe, and he gave a questioning glance in Ducky's direction.

"He needs to sleep Director, but I fear that for now, he needs to be here even more."

Vance understood McGee's absolute need to put names to these faces, but the Director knew from previous experience that waiting for facial recognition results could be a very frustrating process. He turned at last to the screens and got his first look at the faces of the men who had left one of his agents to bleed to death that morning. He took a step back, and turned once more to Tim.

"McGee, you're sure about this?"

Vance pointed with a slightly shaky hand at the pictures.

"I am…not going to forget them again…"

Gibbs took his place beside Tim, ready to offer his support.

"Leon, what's wrong?"

"This man, he…I met him at a briefing last week. He's a security consultant, works the top end of the market; I can't believe he'd be involved in something like this."

"He have a name Leon?"

"Grier…Nicholas Grier."

Tim heard the name, then his head was filled with a roaring sound, like a high speed train racing through a tunnel, he wanted to say something, to tell Vance that he was certain, this man had been there…but the words wouldn't come…then the roaring stopped…

"Tim!"

Gibbs grabbed him as he lost consciousness, and with Tony's help they got him to the floor. Ducky knelt beside him, placed his hand on Tim's forehead, and with a quiet tut, he felt for his pulse.

"I knew this was too much, I should have stepped in hours ago."

Tim stirred slightly.

"Not your…fault…had to do it…"

"But at what cost Timothy? Jethro, I really think we should get him to hospital."

"No…I'll do anything you say, but not that...please Ducky."

He was struggling to sit up, holding on tight to Tony.

"Can I go to Gibbs' place? I…I'll sleep there, I know I will."

With a resigned shake of the head, Ducky acquiesced.

"Straight there, food, then sleep. Doctor's orders."

He tempered the severity of his tone with a smile.

"Anthony, would you assist?"

They helped Tim to his feet, and waited as he regained his equilibrium.

"Sorry about that…must have been…more tired than I thought."

After a quick hug from Abby, Tim was guided to the elevator by Ziva and Tony, Ducky bringing up the rear; he hesitated for a moment.

"I hope I'm doing the right thing Jethro, he's absolutely exhausted, I really shouldn't have let him continue for so long."

"Think you could have stopped him Duck?"

"No, no I don't suppose I could. Well, his own body has stopped him now, and that's not entirely a bad thing, at least he understands now that he must rest."

Gibbs gave his friend a reassuring pat on the back.

"Go Ducky, I need to wait here, talk with Leon, get background on Grier. Tony and Ziva will stay with you, take him home."

Ducky hurried to join the others, and they headed out of the building as fast as Tim's exhausted gait would allow. As the NCIS sedan pulled out of the gate, a figure hidden by the shadows spoke rapidly on his phone.

"He just left, David and DiNozzo are with him, and the doctor; they should be with you in about twenty minutes."


	9. Chapter 9

**A Fronte Praecipitium, A Tergo Lupi**

_A precipice in front, wolves behind_

"So tell me Leon, what was Grier selling?"

"The usual Gibbs; the military is still outsourcing security, and some companies are trying to get their foot in the door with law enforcement."

Gibbs couldn't hide his astonishment.

"And you'd go along with that?"

"I would not, and that's what I told them that day, Grier and the others."

Vance looked again at the picture of Grier, and shrugged his shoulders.

"You know, I shouldn't be surprised that he could be involved in something so far off the grid; after the whole Colonel Bell situation, and then Walter Kane causing mass panic just so he could make even more money…but all the same…"

Gibbs looked at the same picture with something approaching hatred in his eyes.

"He left one of my people to die Leon."

"You're certain of that Gibbs? McGee couldn't remember a thing for days, then all of a sudden out of the blue…"

"Not out of the blue Leon, out of his head. I've been there, everything is a blank; you think you'll never get that chunk of your life back…then you see it, like one of Tony's movies, clear as if it happened two minutes ago. Believe me, there are some things you never forget."

Vance had read the report on the _Cape Fear_ case, and he knew how vital Gibbs' memories had been to its conclusion; a conclusion that had led Gibbs to walk away from NCIS. But his memories had been accurate, and no one of Vance's acquaintance knew better than Gibbs the power of those memories that lay hidden in the depths of a coma...

"Then let's move on this. Miss Sciuto, Grier works for Velox Security, they have a web site, but I'm sure you won't need that to get his address."

Abby's fingers were already flying across the keyboard; these men had hurt her Timmy.

"We'll get them Tim, you rest…Gibbs will get them."

"Abby?"

She was surprised that she had spoken aloud, and gave a nervous smile.

"You will get them, won't you Gibbs."

He kissed the top of her head.

"You can count on it."

The car came to a halt outside Gibbs' house; Tony unholstered his Sig and opened the door.

"Wait here, I'll check the street."

He did a sweep of the area, and returned to the car.

"Ducky, you go ahead, open the door, we'll get Tim inside."

"Are you ready McGee?"

"I think maybe…I could use a hand…"

Ziva wasn't surprised; he had been fighting to stay awake on the ride over.

"I've got you Tim."

Tony leaned closer; Tim gratefully leaned on his arm and let Tony help him out of the car. Sig in hand, Ziva followed him out into the street, they stayed close to Tim, supporting him as he took the few steps to Gibbs' front door. They were almost at the door when the sound of a car engine going full throttle shattered the evening calm. Acting on a survivor instinct honed by long years in the field, they pushed Tim to the ground, and shielded him from the road. Ziva called out.

"Gun!"

They fired simultaneously as three shots rang out from the car, in a matter of seconds it was all over, and as the car screamed away, Tony called out to the others.

"You okay?"

There was no answer. Ducky came running from the house.

"Tony; what? Oh Lord! Get an ambulance, quickly."

Ducky knelt beside Ziva, and applied pressure to the wound on her arm; she winced slightly, then tried to sit up.

"Stay still Ziva, it doesn't look too bad, but I need to stop the bleeding."

"It is nothing; McGee..."

"Ambulance is on the way Ducky, oh man, this can't be happening again."

He dropped to his knees beside Tim, gently cradled his head and wiped the blood from his forehead.

"We pushed him; must have hit his head...you okay Ziva?"

She tried to sit up, but Ducky increased the pressure.

"Tony, would you take over here? I want to take a look at Timothy."

They quickly changed places, and as he kept up the pressure on Ziva's arm, Tony called Gibbs.

"Boss, they tried again...Ziva's been hit."

"Bad?"

"No, she's already trying to get back in the action."

"Tim?"

"He hit his head again Boss, Ducky's with him now; ambulance is on the way."

There was an audible intake of breath at the other end of the line.

"The shooters?"

"Gone, no time to get a plate, dark sedan, that's all I can tell you. I should have done better Boss."

"You did all you could Tony. Stay sharp; don't let him out of your sight."

"On it Boss!"

Tim stirred slightly, why was he on the floor again? Then memory jolted through him like an electric shock.

"D...Ducky...shots..."

"You weren't hit Timothy, but you've given your head another bump, so lie still for me, help is on the way."

"Ziva...Tony...Ducky they...what happened?"

He struggled to a sitting position and gasped as he saw Ziva, lying on the ground, bleeding.

"No...no, this is wrong...I did that..."

His breathing grew more rapid, his breath coming in short gasps, and he started to shiver violently. He tried to reach out for Ziva, to get a better look at the damage; but Ducky was ready for him, and held him back.

"Ziva will be fine Timothy; you must calm down, try to take a deep breath…look, Ziva is in better shape than you."

She slowly turned her head toward him, and smiled reassuringly.

"Do not fear for me McGee, this is a mere scratch. You must let Ducky take care of you, we will both be fine, very soon."

Tim tried to believe her, but all he knew was that people were still trying to kill him, and Ziva was hurt. With a fresh grimace of pain, he grabbed for Ducky's hand.

"Tell Gibbs...my fault...get Sarah away...danger..."

He wanted to say more, to warn them, but he didn't have the strength, he tried to fight against the darkness, but it was a vain struggle.

"Abby, for the third time, I am sure they will both make a full recovery!"

"But Tim's been hurt so much already, and you said he hit his head…that's so not good…and Ziva, she got shot Ducky! She's in surgery…"

Ducky managed to take hold of her hand, and halted her incessant pacing; he pulled her into a gentle hug, and the tears that she'd been holding in started to flow.

They'd been here a little over an hour, and Abby was growing increasingly agitated. She had arrived too late to see Ziva before she was taken into the OR, and Tim was undergoing a battery of tests to ensure that no lasting damage had been done by this latest attack. Gibbs had Tony stationed outside Tim's room, and Vance had detailed another agent to help on protection detail, Anders Bussmann would work with them until Ziva was fully fit.

Gibbs switched off his phone. He wanted his team back at NCIS working this case, he wanted to ask Grier some very direct questions, he wanted to know the identity of the other man, and he wanted it all now. But Vance had warned him that everything had to be by the book, chapter and verse, and Gibbs knew that if he questioned Grier now, he'd lawyer up, and they'd lose him again…maybe for ever. If he got wind they were after him, with his connections, he'd be gone…

"Jethro, what did the Director say?"

Gibbs pulled himself out of his funk, and gave a brief smile for Abby and Ducky.

"Sarah's on her way to San Diego, apparently she wasn't real pleased to be going, 'specially without seeing her brother, but Vance managed to convince her it would help Tim's recovery if she was away from DC."

"That is good news, but will his family be safe in San Diego?"

"They live in base housing Duck, and Leon's going to have NCIS San Diego on alert."

Ducky nodded, and gave Abby a quick hug.

"Timothy will be relieved to know that Sarah is on her way."

She had stopped crying, but the smudged mascara, and red rimmed eyes were a visible sign of her internal torment.

"I want Tim to be safe too Ducky…"

"That's excellent news, thank you Doctor Ehrlich."

"You're more than welcome, Doctor Mallard, one of the nurses will come for you the minute Agent David is out of recovery; won't be long now.

"You see dear, I told you all would be well."

Abby sniffed once, and managed a tiny smile.

"I should always listen to you Ducky, but everything was so crazy, and Tim…when he came into my lab today, I thought…how is he even standing? He looked so, so sick, his headaches are really bad you know, he pretends otherwise, but I see him..."

"I know Abigail, but they are getting a little better every day."

She shook her head sadly.

"They were."

"Indeed, this may cause a setback, but we must hope for the best."

Tim was only being allowed one visitor for the next few hours, and as far as his doctor was concerned that meant one person in the room. Gibbs had tried to argue that the man on protection detail couldn't be counted as a visitor, but Doctor Firth was adamant. So Tony was sitting with Tim, and the continued wait to see him was tying the others up in knots, but at least they could take comfort from the fact that they would soon be able to visit Ziva. Ziva...Gibbs got to his feet quickly.

"I should go tell Tim the good news."

"Tony, I have to know…it's because of me that she was hurt…please…something's happened, something bad…I know it has…"

Tony had become increasingly concerned about his friend's demeanour; since the medical team had left, Tim had been unable to relax as ordered by Doctor Firth. If anything, he was becoming more agitated by the minute, his glance kept flicking to the door, hoping for news, but none came, and Tony had to admit, he was starting to feel pretty worried too. This was the second time that Tim had been attacked on his watch; that was tearing him apart, but this time Ziva had been hurt too, if anyone deserved to be in surgery it was him. Tony took a deep breath, and made his decision.

"If you promise me you'll take it easy, I'll get Bussmann in here, and I'll go find Ducky, how would that be?"

"Go Tony, hurry!"

Gibbs exited the elevator and strode purposefully toward Tim's room; it was high time there was some good news to relate. He headed past the third floor nurse's station; it was obviously shift change, because there were more nurses than usual at the desk, on the very edge of his hearing he became aware of words that had him halting in his tracks.

"I knew you'd want to hear right away, he's back…I'm not sure of the details, but the doctor says he should make a full recovery...I'll call if there's any more news."

A petite nurse, her dark brown hair pulled back in a French pleat replaced the receiver.

"Care to tell me who you were talking to Nurse…Fordham."

Gibbs leaned closer to read her name tag, and she stepped back a little at the menace in his tone. She glanced quickly at her supervisor.

"I know I shouldn't call on hospital time, but it was a relative…"

Gibbs took out his badge, and leaned in even closer.

"I am a Federal Agent, and I want to know exactly who you were talking to, and why…"

"Hey Boss, I was on my way to…"

The words died on Tony's lips as he saw Gibbs' expression and the fear in the eyes of Nurse Fordham.

"You were giving out information on a patient, which one?"

"Agent McGee…But it was his cousin; he said he wanted to know if T…Tim was readmitted."

"Cousin? I never heard Tim talk about a cousin."

She smiled tentatively.

"Well that's just it; he wouldn't talk about him because they've been estranged for years."

Gibbs and Tony exchanged anxious glances, they were pretty sure that Tim's family was intact, no major break-ups, so who was this elusive 'cousin'? Gibbs grabbed the phone and handed it to her.

"Call him back; tell him you need him to come to the hospital."

She hesitated, and finally took the phone, she punched in the numbers and Gibbs stood close by so that he could listen to the conversation. But there was no answer, no signal…whoever she had called; they were no longer using that phone.

Anders Bussmann couldn't help wishing DiNozzo would hurry back. In the time that he had been gone, Bussmann was sure McGee's condition had worsened, he had a shimmer of perspiration on his face, his hands were picking nervously at the bed sheet, and he couldn't tear his eyes away from the door. Suddenly, those fevered eyes turned to Bussmann.

"Please…this waiting...it's killing me...I have to know that Ziva's okay...she got hurt, and it's my fault…please."

Tony had been gone longer than he'd expected, and Bussmann could only hope it wasn't bad news, McGee didn't need that right now.

"Okay McGee, I'll go ask, but you have to promise to calm down."

Tim slumped back onto his pillows and whispered.

"I will…but hurry, please."

Bussmann rushed out of the door and hurtled round the corner to the main corridor. He didn't know McGee well, but everything he knew about him was good, and to see him so agitated, and taking so much guilt on his shoulders. After all he'd been through, that just didn't seem fair.

He came to an abrupt halt when he saw Gibbs and DiNozzo at the nurse's station, in grim-faced conversation with one of the nurses.

"Tony! It's not bad news is it...about Ziva?"

Gibbs spun round, his eyes narrowed and he barked out.

"What are you doing here? Who's with Tim?"

"I...no one, he wanted to know about Ziva, and Tony was gone so long."

"You don't leave him alone!"

Gibbs was already running down the corridor.

"You stay with her; Tony!"

"On your six, Boss!"

Gibbs banged open the door, and saw what he had been dreading, an unoccupied bed, the single IV dangling beside the pillow. Tony checked out the bathroom.

"Empty Boss."

"Tony, get this place locked down, now!"

Gibbs couldn't tear his eyes away from the empty bed, they'd let him out of their sight, and now, Tim was gone...


	10. Chapter 10

**Quiescens et Vigilans**

_Resting and waking_

His bare feet made no sound as he slowly, and rather unsteadily made his way down the stairs...Two more flights, that was all, surely he could manage that...then he could get outside and get away...away from his team...he'd go home...then drive far away...but with every step he could feel his energy draining away; every time he tried to take another step, the world started to drift out of focus, and it was so cold...if he just sat down for a few minutes, long enough to get his breath back...why did it feel like he'd been running a marathon? His head was throbbing so bad, and he was so cold, why didn't he bring his jacket, wait, where was his jacket? He would have to move soon…they'd be looking for him...

"Sir! Agent McGee, can you hear me?"

Tim lifted his head; even that minor movement sent shooting pains through his skull…two men in uniforms...why wouldn't they let him alone? Didn't they know it was dangerous to be around him?

"Get away from me...I'm poison..."

He gripped as hard as he could on the handrail and tried to pull himself upright, he had to try again...had to get away.

"You move one more muscle McGee, I'll shoot you myself."

Tim's hands fell back to his sides, and his head slumped onto his chest.

"B...Boss, let me be...please."

Gibbs took off his jacket, draped it over Tim's shoulders and sat on the step beside him.

"How far did you think you were going dressed like this?"

Tim looked down at his feet, then up at Gibbs, seemingly unable to comprehend that a flimsy hospital gown was not suitable outdoor attire.

"Far? Away from...here...from you..."

"Not going to happen Tim, we're a team; we look out for each other."

"Ziva..."

"Is awake and asking after you."

A brief glimmer of hope crossed Tim's face.

"Truly?"

Gibbs took Tim's arm, shocked to feel the tremors shaking through his body, and helped him to his feet.

"Come on Tim, you should be in bed."

Tim tried to take the first step back to his room, maybe Gibbs was right, he didn't think he was ready to go walking right now...the world started to fade out again, and he felt another pair of hands holding him upright.

"Man, you have to start standing on your own two feet Tim; I can't always be here to catch you when you keel over."

"Trying...my best...Tony."

Tony draped Tim's arm round his neck as he prepared to guide him up the stairs.

"I know."

Tim was back in his room under the watchful eyes of Doctor Firth, Ducky and Tony. Gibbs was back at the nurse's station, and one look at his thunderous face had both Agent Bussmann and Nurse Fordham, quaking in their shoes. Gibbs stabbed his finger in Bussmann's chest.

"Can I trust you to take her back to NCIS without losing her?"

"Agent Gibbs, I am so sor…"

Gibbs leaned closer.

"Don't you dare apologise to me; I'm not the one you left alone, defenceless…if they had got to him, they would have killed him, you do know that?"

"B…but he's safe…the security guy said he just wandered off on his own."

"Wandered off! He's concussed, exhausted – he could have fallen down the stairs…you think he'd have been safe then?"

Bussmann took a step back; even as he'd walked out of McGee's room earlier, he knew he shouldn't be doing it. His place was on protection detail…but McGee had been so anxious, almost sick with worry.

"What I did was wrong Agent Gibbs, but I did it for all the right reasons."

"Well, that would have looked good on his tombstone…no more excuses Bussmann. Get her to NCIS; I want her working on a picture of the guy she's been calling."

"I only saw him once…I'm not sure I can remember…"

Gibbs turned his glare from Bussmann to her, and Joanne Fordham cowered back in her chair.

"You will remember, I want that scum bag's face, and you're going to give it to me. Go, get her to work, and both of you, get out of my sight!"

Director Vance had insisted that Gibbs and his teams leave the hospital and get some proper rest. He had arrived just after Bussmann had beat a hasty retreat, and this time he had brought reinforcements; four of his most experienced agents.

"No mistakes this time Gibbs, they will watch him every minute. I want you at your best tomorrow Gibbs, all of you."

"Leon, I can stay, it wouldn't be the first time I'd slept in a hospital chair."

"Not tonight; we can't afford any mistakes, McGee's life depends on it."

Any further protest died on Gibbs' lips, Vance was right; their job was to find the men who wanted Tim dead, and find them fast.

They all took the brief opportunity they were given to visit Tim before they left for the District Hotel. Despite her protests, Ziva was being kept in the hospital overnight, and Gibbs and the rest of the team were staying at a hotel until they could be sure it was safe for them to go back to their homes.

Abby had been silent on the short drive from Washington Center, and aside from wishing everyone good night, her only words had been to Ducky.

"Will he get better this time, Ducky?"

"If he allows himself time to heal Abigail, yes he will. Now, away with you, we all need sleep, not just Timothy."

But Ducky and Gibbs weren't quite ready for sleep, and they sat in the hotel bar drinking a late-night glass of Scotch.

"I don't see why Leon wouldn't let us go to NCIS to question Fordham."

"Come Jethro, you know very well...I think the Director was afraid you would tear off Nurse Fordham's head, and poor Agent Bussmann's too."

Gibbs smiled, a brief, slightly crooked smile.

"He could be right; but nothing's going to stop me talking to her tomorrow...You think Abby's going to sleep tonight Duck?"

"Eventually yes, she wants to help Timothy, and that means getting lots of rest; speaking of which, isn't it time for us to turn in?"

"It's about that time, Duck...is Tim okay? He is going to recover?"

Ducky set down his empty glass on the table.

"I hope so Jethro."

"Hope?"

"Timothy has driven himself to the limits of his endurance...and beyond. You know, even when you and Tony brought him back to his room, his only concern was for Ziva's well being. Doctor Firth had to arrange a phone call between them before Timothy would even think about sleeping."

Gibbs laughed quietly.

"Sounds about right."

"It should never have come to this. I should have taken better care…"

"Told you before Duck, he wouldn't have stopped, even if I'd given him a direct order."

Gibbs did talk to Joanne Fordham the next day, but she had little more to tell them. Her description was barely workable, a face of such mediocrity it was next to useless. He was medium height, medium build, medium brown hair...She hadn't budged an inch on her story about Tim's estranged 'cousin', but she had admitted that she had received payment from him – to compensate her if she got caught making phone calls at work.

For what it was worth, Tony put out a BOLO on the e-fit Fordham had given them, but none of them was holding their breath, waiting for someone to call in about the man who could be any man.

Then, at last some success; Abby got a hit on the shells they found outside Gibbs' house. The weapon had been used in a drug store hold up three months ago; she'd also got a name. A partial fingerprint on the shell belonged to Frank Dayton, three arrests for assault, no convictions.

Tony issued another BOLO, and this time he knew they would get lucky; he had to have something to tell Tim when he went to visit him later.

As for Tim, he slept the night through; he woke shivering and fretful...there was something he had to ask, something he needed to do...but he couldn't remember.

"McGee; do you need the doctor?"

"Z...Ziva, is that you?"

"It is my friend."

That was it…he had to ask after Ziva, but she was here, she was safe.

"Are you...okay?"

"I am, but you, I think you should sleep some more. Would you do that, for me?"

"I'll try…tell Ducky...he got what...he wanted...I'm back here..."

"Then Ducky is right McGee, you are where you should be. And this time, I will personally chain you to the bed if you do not do as you are told."

That elicited a tired smile from Tim.

"Not with that arm…"

"Oh yes, believe me I can do it."

"I do…believe you. Ziva…I'm sorry you…"

She put a finger to his lips.

"I am fine; and you will be soon, that is all that matters. You must stop worrying about us, and let us take care of you."

He seemed to relax just a little, and his eyes closed almost immediately. He drifted back to sleep and the shivering eased a little; Ziva was relieved to see him resting again, he looked so tense and anxious when he was awake.

Ziva stayed with Tim until Jimmy arrived to take over. They wanted to be sure that each time he awoke Tim would have a familiar face to greet him. The agents on protection detail kept a discrete distance, but Gibbs would have been pleased with the level of vigilance they displayed at all times. Tim wasn't going anywhere, and no one was getting to him; not while they were on duty.

Ducky had warned Ziva that she was not to even think about working for at least a week, but he wasn't surprised when he came into the squad room later that afternoon to find her sitting at her desk.

"Agent David, were my instructions not clear?"

She pointed to her injured arm, protected by a light sling.

"I am not working Ducky, but I could not sit all afternoon in a hotel room, and I wanted to be here if there is any news."

They were waiting to here whether they had been granted an arrest warrant for Grier. Vance had been unable to obtain one when the only piece of evidence against him was Tim's word. But now, thanks to Abby, they had something more. She had been able to track Fordham's call from the hospital to an apartment block near Glover-Archbold Park, and one of the residents was none other than Nicholas Grier.

But when the news came, it was not good, they still couldn't get a judge to sign off on the warrant, too many apartments in the block, and they couldn't pinpoint the call to his address. Much as he wanted to haul Grier in and ask him some very searching questions, Gibbs knew they couldn't afford to make a single error in this investigation, if they brought Grier in a minute too soon, they'd lose him, and the other men who had left Tim bleeding in the gutter. So after visiting Tim in the hospital and being mightily reassured by fact that he looked, and sounded much better, they had gone back to their hotel rooms.

They started the next day with a new determination; they had to be able to find something that could link Grier with the man who was keeping tabs on McGee. So they were checking anything they could find in the public domain, Vance had warned them against any kind of hacking, this was an attack on one of their own, and he didn't want anything stopping them putting the perpetrators behind bars. Then they got news on the Frank Dayton BOLO, a body had been found near the Washington Nationals Stadium, but no one had recognised him until a sharp eyed Metro detective took one look at the latest junkie John Doe overdose in the morgue, and remembered the NCIS BOLO.

When they heard of Dayton's death the whole team was totally deflated; they had been so desperate to have the opportunity to question him, to find out who was paying him; to get some kind of link, however tenuous with Grier. Now they would be starting from scratch again in the morning. Another day had gone and they were no nearer to making an arrest.

Tim was getting stronger, and Ducky was hopeful that he would be released from the hospital very soon. With Grier and the others still at large Gibbs knew he would have to make some hard decisions about Tim's immediate future. Right now, he had something more pressing that he needed to deal with; his gut was churning, and he needed answers, so he headed down to Autopsy.

"Ah Jethro, I've just been speaking with Timothy, he sounds very much better, even the headaches have faded somewhat, two days bed rest has done him the power of good."

"That's great Duck, he deserves to rest a little…"

"Something on your mind?"

Gibbs leaned against the autopsy table, and folded his arms across his chest.

"You don't believe it was an accidental overdose?"

"I think he was another loose end that needed to be tidied away. And it's pretty tidy that the one man we could link forensically to an attack on Tim winds up dead...Duck?"

"I will request the body from Metro and perform another autopsy."

Gibbs nodded, and patted his old friend on the back.

"Thanks…make the request, then call it a day."

Gibbs sent the team back to the hotel and picked up his phone.

"Hey Tobias, I'm calling in a favour."

"Tim, is Doctor Firth coming in today?"

"Yes, he says I should be released tomorrow morning. Boss, I can't come back to your place...put you in harms' way."

Gibbs shook his head sadly.

"No Tim, you're not staying with me, but not because I'll be in harm's way. Tim, all the while you were in here the first time, Grier and his partners were watching us, and Nurse Fordham was updating some guy on your condition. They know where we live; we would be putting you in danger."

"So can I go back to my place?"

"Not until they're behind bars."

"Then where? Oh no...please Boss..."

"Tim, I hate to do this, when you're just starting to feel stronger, but you need to go to a safe house."

Tim's shoulders sagged, and he turned his face to the window. Gibbs hoped he hadn't been too blunt; he didn't know any other way to say it. Ducky had warned him that Tim would find this hard to deal with; he'd taken so many blows, both physical and mental just lately…

"Tim?"

"I'm okay…just…I guess I hadn't really thought where I would go."

He shrugged and turned back to face his boss with a smile.

"So, where are you sending me? Not the apartment in Baltimore, please?"

Gibbs didn't return his smile; this whole situation was way too serious.

"No Tim, it won't be one of our safe houses; we can't be sure they haven't been compromised."

"So where?"

"I don't know, and we need it to stay that way. I called Fornell, he has a contact with the US Marshals, you'll be going with them."

Tim's smile disappeared in an instant.

"But…how will I keep in contact with you…and the others?"

"You won't, and after today, you won't be able to contact your family either. You should speak to them Tim; tell them why you won't be calling."

Tim looked into Gibbs' eyes, hoping for any clue that his boss was kidding, and what he saw there convinced him that this really was happening; he also knew deep down that it had to be the only solution, because Gibbs wouldn't want him out of his sight if there was any other way out.

"I'll call later…need a little time to get used to the idea…"

The rest of Tim's day was busy with phone calls, medical tests and visits from the other team members.

Abby didn't say much; she just sat and held his hand until it was time to go back to work. As she was about to leave, she handed him a small package.

"That's for when you get…wherever you're going. Oh Tim, I'm going to miss you so much."

He took her in his arms and hugged her tight.

"Not as much as I'm going to miss you."

Tony and Ziva came together, and as ever, Tony filled any awkward silences with movie trivia and tales of his latest romantic interludes. But as it got closer to the time they had to leave, even he ran out of conversation. Ziva kissed Tim's cheek gently, and whispered.

"McGee...Tim…remember what I said."

"About chaining me to the bed?"

"Hey, when did this happen?"

"Tony! We were having a private conversation."

He grinned broadly, and she gave him a smack that Gibbs would have been proud of.

"As I was saying, stop worrying about…the case, about us, you still need rest."

"But…"

"No buts, we will work the case, we will get them Tim."

"I know…I just feel, so useless."

Tony wasn't going to let Tim go away thinking that.

"Hey! Who gave us the only pictures we have of your attackers? You did…the Boss won't wait forever to have Grier in for questioning, and when he does. Ziva's right, we'll get them."

He stood beside Tim, then leaned down to give him a quick hug.

"We should go Ziva, and Tim…don't make me say it."

"I'll be careful."

"It's just that...well it doesn't seem fair that you have to go away."

"Maybe not Jimmy, but it's what has to be. Thanks for stopping by the last few days, I appreciated the company."

"It was my pleasure Tim. I should go now, have a safe trip; Doctor Mallard, I'll wait in the car."

With a brief wave to Tim, Jimmy was gone.

"Ducky...I don't know how I'm ever going to thank everyone; you've all been so great...don't think I could have got through without you...but...now I have to, and I'm not sure I'm strong enough."

Tim had tried so hard not to cry, through all the other farewells he had managed to hold it together. But as the day was drawing to a close, and the reality of his departure was becoming imminent, he couldn't hold back the tears any longer. Ducky sat beside him, handed him a crisp white handkerchief and put his arm around Tim's shoulders.

"Timothy, I do not think I have ever met anyone stronger. What you have been through...you must not belittle your ordeal. Your head injury alone; people die from such injuries, and I know you are still suffering the after effects. Do you tell the others about the pain in your chest?"

"What? How? It's not bad...not like the headaches."

"But you do get pain?"

"Not so much, Doctor Firth says it's normal, part of the healing process."

"Quite right, and that pain is your body warning you that you have done too much. Take heed of your body when you are away from us young man, and come home safe."

By the time Gibbs arrived Tim was dressed and ready to go, the Marshals were coming in a few hours.

"I thought they were coming in the morning."

"Can't take any chances, if Grier still has someone here on the payroll..."

"They'll be expecting me to go tomorrow."

Gibbs nodded sadly.

"It's okay Boss...really. I've thought about it – a lot! I should go, I just wish..."

"What Tim?"

"I wish we could have caught them, put them away. Petty Officer Renton...we couldn't get justice for her."

"Yet, we're not done, and neither are you. I'll tell what I told Abby, we'll get them Tim, you take my word."

"If anyone can do it, you can, you're a great team."

"We...we are a great team, and you'll be back with us again...soon."


	11. Chapter 11

**Onus Probandi**

_The burden of proof_

"What do you mean, he's not there!"

Giles Friedman was walking briskly through the park, and a few heads turned as he shouted down the phone.

"You said he was being released today."

"That's what they said, but he's been discharged and his room is empty."

"Who took him? Gibbs?"

"No one knows, and I've asked all over, they said he was here for supper, then when they went to take in his breakfast, he was gone."

Friedman switched off the phone, and threw it in the nearest trash can. He took out another phone and hit speed dial.

"McGee's gone; have the teams on full alert, they could be taking him to one of the safe houses, send our best people, and this time Karl, no mistakes."

He took several deep breaths as he tried to compose himself; he was about to walk into a very important meeting, and the last thing he needed was to have Mr Dowland see how unsettled he was. McGee and his team were proving to be a real thorn in his flesh, in more ways than one, he looked down at the fresh scratches on his hand, this was all down to McGee, he'd caused more than enough trouble. But now was not the time to tell Dowland about this latest development, time enough to find McGee and finish him off, he was the final loose end, and Friedman wanted him tidied away, then he could tell his boss that everything was back on track.

Ducky and Jimmy were working on Dayton's autopsy, and they were working in silence. Their well practised routines clicked into place, Jimmy ready with the implements Ducky wanted, almost before Ducky knew he wanted them.

To a stranger this may have looked almost like a well choreographed routine, but to those who knew them, this was anything but normal. No rambling stories, no well-meant, but somewhat inappropriate remarks; just grim determination.

Ducky had almost turned his car toward the hospital on his way in, a quick visit to Timothy, then on to work…but Tim wasn't there, they had no idea where he was, and no way of making contact. Keep busy, concentrate; try not to think about him out there – alone.

"Abs, anything on the other guy?"

"Nothing so far, but I'm not giving up. Grier is all over the web Gibbs, meeting and greeting…but creepy guy, he's nowhere."

He set the Caf-Pow down on the counter, and gave her a quick kiss.

"If he's there, I know you'll find him."

"I have to…we have to get Tim home. Gibbs, is it silly to say I miss him already?"

"No Abs, and you're not the only one. I promise you, the minute it's safe for him to come back, this is where he'll be."

Gibbs went back to the squad room, and it was no surprise to find the mood equally subdued up there. Tony glanced up as Gibbs walked back to his desk.

"Boss, why aren't we out there tailing Grier? He could lead us to the other guy…maybe even the one who tried to kill Tim; I can't take much more sitting around doing nothing."

"Then work Tony, find me something that will get us a warrant, because without one we can't go anywhere near that bastard!"

"But Gibbs…in our own time, if we were simply walking near Glover-Archbold Park…"

He gave Ziva a half smile.

"I wish we could, heck, I'd camp outside his apartment if I thought it would help; but if we did, anything we found would be inadmissible…I don't want these slime bags to walk on a technicality, do you?"

Ziva sighed deeply; a few years ago she would have waited for Grier one dark night, and meted out her own form of justice, but she was not the person she had been back then, and being around McGee had helped to make her the person she was now. His honesty and quiet courage, his belief in doing what was right, no, she would do as Gibbs said, and work to find something to put before a judge.

Tony starting typing furiously, his frustration clear to see. After about twenty minutes, he stopped, leaned back in his chair, and stretched out his aching fingers.

"You know Boss, I was thinking…Tim's car, maybe we should bring it to the lot here; probably be more secure than the parking garage at his apartment."

Gibbs couldn't help smiling.

"And it would give you chance to drive a smokin' hot Porsche."

Tony tried one of his 'who me?' smiles, but neither Gibbs nor Ziva was convinced. Gibbs opened his desk drawer and took out Tim's keys.

"You do realise it might not start after sitting so long."

Tony was already out of his chair, ready to go.

"Won't know 'til I try Boss,"

"Take Ziva with you."

Tony's smile disappeared, and Gibbs was quick to reassure him.

"Not to drive the Porsche, you do that; she can try to bring back the sedan in one piece."

"That is unfair Gibbs, I have not had an accident in…oh, there was that little…no, never mind, Tony can drive McGee's car."

Thirty minutes later Tony was almost purring as he stepped out of the sedan and pointed Tim's key fob at the Porsche. A reassuring clunk as the doors unlocked gave him hope that it would start without difficulty.

"Hey Ziva, you want to sit in the driver's seat, just to see what it feels like?"

She gave him a look of disdain.

"You think I have never driven a Porsche? When I was in England…oh my…"

"What's wrong, Ziva?"

"Don't you see? I am turning into Ducky!"

"Not from where I'm standing…OW!"

"Hurry Tony, let us get the car back, we have work to do."

He pulled open the door and took a quick step back as his nostrils were assailed by a stench as bad as anything he had ever smelled at a crime scene. He slammed the door shut, in his haste to back away he almost stumbled into Ziva.

"Tony! What on earth? Oh – it smells as if something has died in there."

Recovering his composure, Tony hurried to the trunk of the sedan and lifted out the crime scene kit. They both donned gloves and Tony carefully opened the door once more, he shone the beam of his flashlight around the interior.

"There Tony, under the seats…that is disgusting."

Tony tried to breathe through his nose as he leaned in for a closer look, he could just about make out the legs of two small animals, cats maybe…there was a pile of what he hoped was animal faeces, and the carpet looked like it was alive with crawling, slithering things…

Within two hours the Porsche was sitting in the evidence garage, with Abby overseeing a team of technicians as they bagged and tagged every fragment of evidence, gruesome as it was.

The afternoon was almost done when Gibbs exited the elevator and strode into autopsy.

"What have you got Duck?"

"A rather sloppy first autopsy I fear…possibly understandable in the circumstances, after all the Metro ME assumed he was dealing with another accidental overdose."

"And he wasn't"

"Indeed not, we found bruising on his wrists, and around the puncture site; broken fingernails…"

"He didn't do that himself."

Ducky shook his head, and pulled open the drawer revealing Dayton's body.

"I would say that one person held him down, as a second administered the heroin…and it was pure heroin, that should have alerted the ME."

"Don't get much of that on the street."

"Very true; we also found fragments of skin under his fingernails, I fear the rest of the evidence was washed away in the District mortuary. The samples have gone up to the lab, but I understand Abigail has a rather more pressing piece of evidence..."

But pressing or not the evidence in Tim's case had to take a back seat. The next day NCIS was plunged into a major terrorist alert; then the twin sons of a Navy Seal went missing, and every available agent was called in on the case. The weekend came and went with no respite for any of them. And when the youngsters were found, a little cold and hungry, but otherwise unharmed, the relief round NCIS was tempered for Gibbs and his team by the knowledge that three more days had gone by, and they still couldn't put a name to Grier's partner.

They now had a DNA profile from the epithelial's found on Dayton's body, and Abby was running it through every database she could find, but it was a slow and painstaking process, and so far there was no match.

The intense examination of Tim's car had gleaned little that was of use, until Abby found a single black hair on the headrest of the driver's seat.

"See Gibbs, he couldn't resist trying out the car; see what it felt like to sit behind the wheel of a Porsche, there were no fingerprints, so he must have been wearing gloves, but he left this."

She held up the sealed evidence bag, and by the beam on her face, Gibbs knew the answer to the next question even before he asked...

"Can we get DNA from that?"

"Oh yes, follicular tag intact. Gibbs...do you think it's Grier's partner? Tim says he has black hair."

"Don't rush the science Abs, isn't that what you're always telling me?"

"I know, but this time..."

This time she had wanted everything to fall into place, for all the pieces of the puzzle to click together; and for Grier and his partner to be locked away somewhere. But even though Abby was able to get a viable DNA profile from the hair, it only resulted in more fruitless hours searching on databases that never seemed to help. All she knew with certainty was that the owner of the hair was male, and that he wasn't the same man who struggled with Dayton.

If they could just get a DNA sample from Grier, Abby was sure they would be able to match one of those samples...but that wasn't going to happen right now, so she went back to sitting at her computer, reading more stories about Velox Security, and their Chief Security Officer, Nicholas Grier, following every tenuous link she could find…She would not let this go, any time she felt tired, she just thought of Tim and the way he had looked when they said goodbye, and she felt a new surge of energy.

Ziva looked up from her keyboard, and saw Tony staring at Tim's desk.

"He will return Tony, we will get them, and when we have them in custody, he can come home."

"I thought he'd be back by now, he's already been away over a week, and it's …empty when he's not here. He'd listen to my stupid stories, put up with my fooling around, and I knew he'd always be there for me…we should be there for him Ziva, we shouldn't be letting strangers watch out for him."

She got up from her desk and went to stand beside Tony.

"I agree, but we could have been the very people who put him at risk."

"I know…really I do…but, you know, even when he was in the coma, I could talk to him, he couldn't answer me, but he was there..."

Grier's high school had put an archive of their yearbooks online, and Abby was scrolling through yet more pictures. Her breathing hitched, and she could feel her hands trembling as she clicked the mouse again and again to enlarge the image. She didn't have to double check against the e-fit, that image had been etched on her mind since the day Tim last worked with her. She grabbed her phone.

"Gibbs! Quick, I found him!"

Minutes later they were in her lab. Abby waited just a moment for them to settle then clicked the mouse. The yearbook picture appeared beside the e-fit.

"That's him…do you see?"

For a moment they were silent, almost stunned, after so long…a high school yearbook…

"Name Abs?"

"Karl Lipczynski, he was in the same year as Grier, that's the connection."

"Tony, Ziva…"

"Background checks, on it!"

They went running from the lab, and Gibbs took Abby's hand in his then quickly kissed her cheek.

"That's great work Abs."

She whispered.

"One step closer."

Gibbs didn't have to ask what she meant; one step closer to Tim coming home.

They built up another dossier, not quite as thick as the one on Grier, but equally comprehensive, and there was nothing in Lipczynski's background to indicate that he could be involved in any illegal activities. Yet again, they had nothing that was likely to elicit a warrant.

Then, at last a real break; something tangible that they could search for evidence, the car that Tim had seen, the dark blue Toyota Auris had been found. A breaker's yard in Elkton, Maryland had called it in, local LEOs had found what looked like blood stains in the trunk, and a truck had been despatched to bring it back to the Navy Yard.

It was late when the car arrived at NCIS, but Abby had insisted on staying so that she could start running the new samples.

"If I leave them running overnight Gibbs, we could have some results by morning."

"Could have?"

She stood to attention.

"We** will** have results!"

Abby was first in next morning, but only just. She had barely hung up her jacket and slipped on her lab coat when the door opened, and the others trooped in, including Ducky and Jimmy; all eager to see whether the blood stains could lead them any closer to Tim's assailants. She went to her keyboard and entered the new data from the Auris.

"I'll check it against our two samples first, but if there's no match it could take hours and hours..."

Following so many disappointments in this case, none of them were surprised when there was no match on those samples. And they were about to make their disconsolate way back to work when there was a loud cry from Abby.

"There's a match! From an active case..."

Gibbs and the others turned back immediately, and a grim smile crossed Gibbs' face.

"Petty Officer Renton...so she was in the trunk, just like Tim said. I think this will get us the chance to talk with Grier and Lipczynski. It's not just Tim's word any longer, now we have forensic evidence."

This was progress at last, they had always believed implicitly in Tim's testimony, but they also knew that without something more, the case would be going nowhere, and now – one step closer...


	12. Chapter 12

**Ferendum et Sperandum**

_We must endure and hope_

Gibbs got his warrants, and he got Grier and Lipczynski in interrogation. Tony, Ziva and Gibbs himself took turns to question them; but they had lawyered up immediately, and wouldn't say a word until they had legal representation. When the lawyers arrived they did the inevitable, and told their clients to say nothing. The team sat with them for hours, asking questions, not expecting any answers, but searching desperately for any facial tics, or body language that would give them a hint as to their guilt. They got blank stares from men who sat as motionless as statues, not even taking a drink when one was offered. Much as he hated to do it, Gibbs eventually had to agree to Vance's request that the men be released or charged, but not before Tony had given him some news that had brought a fleeting smile to Gibbs' face.

Gibbs was not about to let them go free and clear, so they were charged with aiding and abetting in the attempted murder of a Federal Agent, any other charges in the Renton case could wait, Gibbs just wanted them in custody.

Abby was in early next morning, working with the DNA sample that Lipczynski had given them last night. Tony had been amazed when Karl had given up the sample; his lawyer had tried to stop him, but Karl had laughed in his face.

"What's your problem? If I don't care, why should you?"

Even as he was swabbing Lipczynski's cheek Tony was waiting for him to change his mind...but he didn't. All Abby wanted was for Lipczynski's sample to match the hair that she had found in Tim's car. If they could show that Lipczynski had been after Tim because of what he had seen in the alley, it was another little brick in the wall of evidence they hoped to build.

There it was! A match! She called Gibbs with the news and he called ahead to the courthouse, to tell them that NCIS would be coming for Lipczynski.

"But they're not here Agent Gibbs."

"They must be, the arraignment is scheduled for 14.30."

Gibbs could hear the clicking of a computer mouse.

"No sir, the hearing was moved up the docket, they were released on bail an hour ago."

Gibbs slammed down the phone.

"Tony, get the car. The idiots have let them go!"

Nick Grier stormed into his apartment and headed for the drinks cabinet, poured himself a bourbon, and took a deep swallow. He couldn't believe that Karl had been so stupid.

Nick felt like he'd spent half his life covering for Karl. They had lived next door to each other, and Karl was always following Nick around, even though they were in the same class at school Nick was the elder by three years; he'd been kept back a year and Karl was on an accelerated learning programme. He'd been a bright kid at school, before he started taking the drugs...Their fathers were best friends, and when Karl's dad was killed in a freeway pile-up, Nick's dad had asked him to take special care of Karl. That was why, however much Friedman told him to get rid of him, Nick couldn't do it, Karl was the kid brother he'd never had. But there were times, like today, when he felt like punching Karl's lights out.

"I've told you before. Listen to your lawyer. Why do you think they get paid hundreds of dollars an hour?"

"But it's like I said…they don't have anything to compare…"

Nick couldn't hold back any longer, he pushed Karl in the chest and raised his fist, ready to strike.

"If I thought I could knock some sense into you, I'd beat you black and blue! Karl, if they didn't have any samples for comparison, why would they be asking you for DNA?"

Gibbs and the others raced over to Lipczynski's apartment, he wasn't there, so they headed over to Grier's place, and found him, seemingly oblivious to the fact that he could be at risk of being taken into custody. They arrested Lipczynski once more, questioned him once more, and yet again he would say nothing, until Gibbs showed him the pictures of the Porsche.

"You did that, while Agent McGee was lying in a coma, fighting for his life, you broke into his car and put that...filth in there."

Lipczynski smiled at that, and his lawyer put a hand on Karl's arm.

"My client has no comment Agent Gibbs."

"I don't need a comment; I have forensic evidence placing your client in Agent McGee's car."

Karl showed a flicker of surprise at that...Nick had been right, they did have something...Gibbs opened a folder and pushed the printouts of the DNA profiles across the table.

"That's a perfect match, so how about you tell me why you put dead animals and crap in that car?"

"My client..."

"I can speak for myself. Look man, I'd had a bad day...argument with my girlfriend, you know...I was just walking, saw the Porsche in that garage...and I just got so mad that someone could have a car like that, and I'm stuck with a pile of junk...it was stupid, I see that now, but I found those cats..."

"Found them?"

"That's what I said...I used to boost cars when I was younger, and I guess...before I really stopped to think about it, I was dumping...stuff in the Porsche..."

He wouldn't budge from that story, however much Gibbs pressed him, and finally Karl's lawyer called a halt to proceedings. They charged him with trespass, criminal damage, a little more to weigh the balance in favour of a guilty verdict. Lipczynski still managed to get bail, but his passport was confiscated, and along with Grier he had to fulfil strict conditions, and report to the court every day. It wasn't enough for Tim's friends or family, but it would have to do.

Even with the charges already in place, Gibbs and the team still couldn't rest, so long as they weren't able to link their two suspects to Renton's murder they all felt as if they were failing Tim. They all knew Grier and Lipczynski were involved in her murder, Tim had seen them moving the body, those two men knew exactly what had happened to the Petty Officer, but they had not said word one about it; whatever they were asked, and however many times they were asked they refused to admit they had ever been in the alley. They were sticking to their story that Tim could not have seen them, because they weren't there.

Everyone at NCIS knew that was a lie, but until the trial, or unless they got something to prove a link between them, all the team could do was keep working the Renton angle, trying to find out exactly what she had been involved in that had led to her death.

Goodall's team had discovered that Renton had been embezzling funds from the Naval Operations budget, small amounts at first, then gradually increasing; but always well hidden. They were so well hidden that Goodall had called in Cyber Crimes to help them uncover the layers of encryption that she had installed. Tony had almost laughed at that.

"Tim could do it, get him in Super McGeek mode and there's nothing he can't find."

Problem was, Tim wasn't here, he wouldn't be coming back until the trial, and that was seven weeks away.

After more frustrating days of searching, they were no closer to finding out how Renton had been able to hide her actions, or where the money had gone. It seemed to Gibbs that the more they looked, the less they found; his phone rang, and wearily Gibbs clicked it open. He checked the caller ID, and almost dropped the phone - McGee, but it wasn't Tim, couldn't be.

"Hey Andrew."

"Jethro…how are you doing?"

"Not bad, you?"

"We're getting by…I know you said you'd call; but he's been away so long…"

"There's no news Andrew, nothing that you don't already know. The trial date's been set for May 10, and Tim will come back then."

"Do you hear from him? Anything?"

"No, all I know is that he's okay, that's all Fornell can tell us…I don't want him away from us any more than you do, but it's the only way."

"I know Jethro, doesn't make it any easier."

"No, but it won't be forever, when Grier and Lipczynski are found guilty, they'll give up the third man, and then Tim can stay here, where he belongs."

Gibbs could hear Andrew sigh, then he heard a small chuckle.

"_The Third Man_. I bet Tony has a stack of movie references for that."

"Not one…he misses Tim, and he's not the only one. How are you really doing Andrew, all of you?"

"Coping, worrying, and trying to get on with our lives. Sarah's taking some classes out here, David, her boyfriend moved in…it's crazy to say it Jethro, I mean, Tim hasn't ever lived in this house, but the place feels empty without him."

The squad room at NCIS continued to feel empty without Tim, as the days turned into weeks, and all they had left to do was double and triple check every piece of evidence they had, to re-interview every witness. If just one person could remember one tiny thing…so back they went to the 24th Place clubs and bars, to the hospital, anywhere they could link to the case. They'd tried to get access to the security tapes from Grier's apartment complex, but some pretty powerful people had bolt holes there, and the owners got a court order blocking that move. So Gibbs sent Tony and Ziva to talk to Nurse Fordham again, see of they could eke out a better description of Tim's bogus cousin.

That had tuned into the deadest dead end of all, Fordham had been suspended without pay and when she hadn't turned up for her disciplinary hearing, the local LEOs had gone to her apartment. She wasn't there, and she hadn't been seen since.

"Boss, you think she was another loose end?"

Gibbs sighed deeply.

"Well Tony, she's the only person who's seen that guy, if he thought there was even a slim chance that she could identify him…"

In a plush office overlooking the Potomac, two men were seated either side of a dark oak desk. Malcolm Dowland, CEO and founder of Dowland Enterprises slammed his hand on the desk.

"You told me this would never come to trial."

"It shouldn't have; if McGee hadn't been in the wrong place…he should have died."

"Yet he's still alive Giles, and NCIS keep digging into the Renton case. They're getting too close."

"I can deal with it Sir, there's time before the trial to find McGee; without his testimony the case collapses and we're free and clear."

Dowland looked anything but convinced.

"As you have no idea where McGee is right now, I don't see how you can 'deal' with it! No, we need a new strategy, plan B – there has to be a way to get him back to DC before the trial, and I know just the man to find it."

He picked up his phone and selected a number from the directory.

"Lawrence; how are you today? Good…I have a couple of new clients for you, and Lawrence, I need your best work on this, are we clear?"

The new legal team got to work quickly, and before long Lawrence Eggert had come up with a new strategy.

"Malcolm, you should have called me as soon as Nicholas and Karl were taken in for questioning. We've lost a lot of valuable time; nonetheless, the case is not beyond saving."

"So what do we do?"

"You don't need to do anything, that's why I'm here. I have a meeting with Judge Brady tomorrow…things are about to start moving."

Gibbs was alone in the squad room, he'd sent the others home, but he was too restless to leave right now. There had to be something more they could do in order to link Renton with Grier and Lipczynski, but if there was, he didn't know it. They'd had so many setbacks in this case, from the delay while they waited for Tim to come out of the coma, then waiting for him to remember. The glimmers of hope when he'd produced the e-fits, to be dashed again when they had no hits, not even Nurse Fordham had recognised them, she'd only dealt with their elusive Mr Ordinary, and now she was gone…He heard footsteps on the stairs and looked up to see the Director hurrying down.

"Leon, thought you'd be long gone. You come to tell me you're transferring Bussmann to NCIS Naples?"

Vance smiled fleetingly. It was going to take a long time before Gibbs forgave that young man.

"No. I was catching up with paperwork; Jackie and the kids are staying with her mom for a few days, no reason to rush home…Gibbs…"

"Spit it out Leon."

Vance unfolded the paper he had been carrying, and handed it to Gibbs.

"It's a court order. Grier and Lipczynski have a new lawyer and he's managed to talk a judge into ordering a deposition with McGee, and before you ask he won't accept a sworn affidavit. He insists on doing the interview face to face. Gibbs, I hate to do this, but we have to bring McGee back to DC."


	13. Chapter 13

**Solus In Pluribus**

_Alone among many_

"Hey Ty; you joining us for chess later?"

Tim smiled at the sprightly octogenarian; after the weeks he'd already spent down here, he didn't have to think twice about responding to that name.

"Wouldn't miss it Merv, and I'm holding you to your promise."

"Promise? At my age, you expect me to remember promises?"

Tim laughed.

"Your mind is like a steel trap, you don't forget a thing. You said, if I beat you at chess you'd treat me to dinner at Gerracci's."

Merv Richler waved Tim on his way, and muttered to himself.

"You think I don't know you let me win Tyler?"

Tim continued on his gentle stroll toward the sea, fully aware as always of the person at his side. He was never allowed to go out alone; one of his guard dogs was always with him. At first he had been stifled by their constant presence, but slowly he had come to see that they were only doing their job, and were probably having a much worse time than he was. After all, his safety and security rested with them, and that was a heavy burden to carry.

"How long this morning Jo?"

"Take it steady today, you didn't sleep well. Twenty minutes should be enough."

He walked into the blissfully warm water, and strode out into the waves. When the water was deep enough, he kicked off from the bottom and started swimming, slow and sure at first, then building up the speed. This was the only time he ever had when he could relish the illusion of freedom...

The first few days after they had brought him here had passed almost without Tim knowing, he'd slept most of the time, his body reacting as Ducky knew it would to the traumatic events Tim had been through. The drive from DC had taken the best part of a day, with changes of car and Marshals along the way, Tim had slept off and on, but his headache made him feel nauseous, and the constant motion made it hard for him to get real rest. Tim hadn't even asked where they were going, he didn't really care, he was away from the team, away from his family, what did it matter where he was?

He was lying in bed, in that drowsy time between sleeping and waking, when he heard two voices whispering.

"Should we get him a doctor?"

"No, his doctor in DC sent me some notes; after what he has been through, then the journey...this is the kind of reaction I would have expected. We will see an improvement, just give him time."

"I'm not deaf you know..."

"Ah, so you're ready to communicate now?"

Tim rolled over in bed, opened his eyes, and took a few moments to focus. He found himself looking at an attractive Hispanic woman, about thirty-five years old, and a slightly older man, just above average height, but wiry, with no excess fat. He tried to lift himself to a sitting position, but it seemed like too much trouble.

"Let me help you…Jo says you needed your rest, but I think it's about time for you to get up and take a look at your new home."

Tim scraped his hand through his hair, and ran his tongue along his teeth.

"Could I freshen up first?"

"Good idea, we'll get some breakfast, you can join us in the kitchen."

As he stood under a hot, cleansing shower, Tim tried to remember whether he had spoken to these two Marshals before. They weren't the ones who picked him up from the hospital, but after that everything got really blurred…how many days had he been here? Where was here? He knew he'd slept a lot…he must have gone to the bathroom, eaten something…he didn't feel all that hungry, but he couldn't remember…

They were sitting round the dining table; a few meagre remains of a substantial breakfast were all that remained on the plates. Tim was facing the window and looking out on white sands, and the sun beating down on a seemingly endless ocean.

"Okay, I've completed my side of the bargain, my plate is clean; now it's your turn, you said you'd tell me your names, and where we are."

The woman put down her coffee cup, and smiled at Tim.

"This is US Marshal Mark Rodway, and I am US Marshall Jo Gonzales."

"Jo…that doesn't seem to go with Gonzales."

Her smile got a bit wider.

"Well, my full name is Josephina Gonzales-Adalid Cabezas, I figured long ago that Jo Gonzales was a lot easier for everyone."

Tim's eyebrows went up.

"I can see that…okay, pleased to meet you, I'm Timothy…"

Mark put up his hand.

"No, you never use your real name, Timothy McGee was left behind in DC, you have to acquire a new name."

After some discussion they had come up with Tyler. Mark's first suggestion had been Tony, but there was no way Tim was having people call him that! Tom felt too close to his real identity. Jo had then come up with Todd, but after Kate…Tim couldn't use that name, so he had become Tyler McIntyre, victim of a serious accident which had left him with head injuries, and no memory of his former life.

"Makes answering questions a lot easier, just say you can't remember."

"I think I can manage that, so…where are we?"

"Florida, Indian Shores to be exact, on the Gulf Coast. It's a good place to hide someone. There's a core population of permanent residents, but plenty of people on short-term rental, vacations…we'll soon blend in."

But Tim didn't want to blend in; he wanted to be back in DC, helping on the case, not sitting around this admittedly very comfortable apartment. For another two days Tim just sat around indoors, lacking the energy or inclination to go outside. He learned a little more about his protectors, but for the time being he showed no interest in anything beyond that.

Jo was starting to get worried, it was a pretty normal reaction for people new to this situation to want to hide themselves away, but Tim was still convalescing, he needed to feel the sunshine on his face.

"You know Tyler, as your nurse I think it would be a good idea if we went for a walk this afternoon; it's a good way to get your physical therapy started again, we've been neglecting that."

Tim shook his head, he knew Jo was right, and given that her medical training had been in the army, he didn't think he was going to get away with a refusal for too long; but right now, he was still trying to come to terms with his exile. That was what it felt like, he had been sent away, yet he was the victim.

"I'm still pretty tired Jo, maybe tomorrow."

Jo and Mark exchanged knowing glances, there was no maybe about it, tomorrow they would be taking him outside.

Later that evening Mark was stacking the dishwasher, he glanced out of the window…now that was something that might get Tim to start liking this place. He opened the doors onto the balcony, and called out.

"Hey Jo, Tyler, you should come out here, sunset's going to be good tonight."

Tim slouched back in his chair and was about to say no, when Jo grabbed his hand and pulled him out of his chair, then out through the door. For the next thirty minutes he sat transfixed as the sun made its rapid descent toward the horizon. The sky turned first pink, then orange and finally a fiery red which seemed to set the ocean aflame. The reflections of those colours in the water…Tim had truly never seen anything like it…when he found his voice, he whispered.

"That's…amazing…"

Jo smiled, and looked over at Mark with gratitude in her eyes. He grinned, and pointed out to sea.

"We're not finished yet Tyler, watch this."

As the sun finally dipped below the horizon, the sky began to darken, and Tim knew he would never forget the sight…it seemed as if a deep blue curtain was being draped across the sky, closing off the light and leaving them in soothing darkness. It had happened so quickly, and with such awesome grandeur that the whole process had almost taken Tim's breath away.

"Mark, thanks for calling us out here…I might have missed this…"

"You're welcome Tyler, we don't get a show like this every night, but when we do…"

Tim sat outside watching the stars until he could barely keep his eyes open, maybe they wouldn't get a sunset like this every night, but if it was clear and he could stargaze a little, perhaps life down here might not be as terrible as he had first thought.

The next day Jo did manage to get Tim outside. Starting with some brisk walking along the shore, she gradually got his physical therapy back on track. The cover story, and the obvious scar on his chest were guaranteed to get him sympathy from the retired ladies at the Sand Dollar Condominium. And almost before he knew it Tim was joining in their conversations, getting to know about their families and their lives before retirement to the Sunshine State. He started playing chess with some of the men, and he impressed them with his skill; even though during a few of the early games he had to forfeit when one of his headaches forced him inside. When that happened he would listen to the i-pod that Abby had given him on his last day in the hospital. She'd downloaded lots of books for him, mysteries, true crime, some classics; and he blessed her for the gift. He still found it very difficult to focus on the printed word right now, so he could lie on his bed, or sit on the balcony and be transported to another world.

The headaches lessened in intensity and regularity as he learned to relax a little. The hours spent outdoors, even though he spent most of his time in the shade, had started to bring a healthy glow to his skin; Jo was a lot happier with the way he looked now than the first time she had seen him when he stumbled into the apartment. When he went swimming she was always careful that he used high factor sun screen, and a total sun block on the scar from his knife wound. Physically, he was doing a lot better, but Jo was still worried about his mental state, he was quiet at times, too quiet…and she knew there were some nights when he hardly slept at all…

Even Tim didn't really know what was keeping him awake, he just felt as if there was something, vague and nebulous…just at the edge of his consciousness…what if it was something important, something Gibbs needed to know? But the harder he tried to bring it to mind, it always seemed to drift out of reach.

Tim tried so hard to settle into his new routine, and occasionally, very occasionally he forgot why he was here, he almost believed that he was down here for the sunshine, to convalesce...but then it would hit him again, the intense loneliness...Fornell was keeping the Marshals informed of the progress on the case, and Tim's spirits had lightened briefly when the team arrested Grier and Lipsczynski, perhaps with them in custody, he could go home…then he heard they had been bailed…they were living their lives as normal, sleeping in their own beds, and he was miles away from home, cut off from everyone who really knew him…sometimes he felt as if it would have been better if he'd never remembered, if those faces had remained a blank…he could have gone on working, living his own life…

He finished his swim, and slowly made his way back to the shore. Tim was surprised to see Mark standing with Jo as he walked out of the water, maybe he'd gone over his twenty minutes, but it seemed excessive to have both Marshals waiting for him.

"Hey guys, I knew my time was up, just wanted a little more…"

He almost said freedom, but he didn't want to hurt Jo or Mark; they'd been good to him, and now, well now they looked worried, surely he hadn't stayed in the water that long? Jo handed him a towel, and pointed toward the apartment.

"You need to get dressed Tyler, Mark got word; you have to go back to DC right away."

Tim stopped in his tracks.

"What's wrong? Is someone hurt, sick?"

"Whoa there…everyone's fine so far as we know. They need you to make a deposition, and you have to do it face to face."

Tim couldn't help smiling; he was going back to DC! But as he registered the serious faces in front of him, the reality of the situation hit home. They would be waiting for him, the people who had already tried to kill him...and if he went back to NCIS then the others would be in danger again. Suddenly staying down here seemed like a really good option, but Tim knew he was out of options; he had to go back, and face whatever was in store…


	14. Chapter 14

**Veritas Odium Parit**

_Truth breeds hatred_

Abby was bouncing up and down, barely able to contain her excitement.

"How much longer Gibbs?"

"Security just cleared them through the main gate."

Abby grinned, and went back to staring at the garage doors. It had been decided that the safest way to bring Tim back to NCIS was via the evidence garage, vehicles were in and out all the time, and one more truck wasn't going to attract too much attention.

Gibbs had spent most of the morning with Vance, finalising the details for Tim's residence while he was back in DC. The Director had been able to get the Secret Service to free up one of the safe houses they used for visitors who may be targets for an attack whilst on US soil. Their biggest worry now was getting him to and from the house; there was still the danger that the team members were being followed so they wouldn't be part of the transportation detail.

"If necessary, you can have him transported in an armoured car Gibbs, I want him fit to testify at that trial. Grier and Lipczynski deserve to go away for a very long time."

Gibbs wanted that too, but more than that, he wanted Tim safe, but much as he hated to admit it, they couldn't guarantee Tim's wellbeing.

"He should have stayed away Leon, this deposition...they could have set up a video conference; no reason to bring him back here, unless..."

"I know Gibbs, and I had Legal all over the court order, but it's watertight, just like the security around McGee has to be."

The garage doors opened, and a white van with NCIS decals moved slowly into the garage and came to a halt. Tony ran to the rear door, and impatiently pulled it open.

"Hey Tony, I thought my days of travelling in the back of a truck were over!"

Tim stepped down from the van, and steadied himself for what he knew was coming. Abby ran toward Tim with open arms, but halted suddenly as the emotion of the moment overwhelmed her.

"Oh Tim...I've missed you so much..."

He stepped closer, put his arms around her and kissed her cheek.

"Abs, believe me, not half as much as I've missed you...all of you."

Now she responded to his embrace, throwing her arms around him, not wanting to let him go. Ducky laid his hand gently on her shoulder.

"My dear, could I take a look at Timothy, make sure he's suffered no ill effects from his journey?"

Reluctantly Abby let go, and Ducky took Tim to one side to check out his blood pressure and pulse. After declaring him to be no worse for wear, Ducky allowed the others to welcome Tim home.

Ziva gently stroked her hand down his cheek.

"McGee...you are no longer pale, it becomes you, and this time I am telling the truth."

Tim smiled warmly; it was so good to hear his own name again.

"I got lots of sea air and sunshine, lots of rest too. How long do I have before the lawyers get here?"

Gibbs glanced at his watch.

"They're due at 14:00, which gives you two hours, time enough to look over the case file and get something to eat."

Tim didn't really need to look over the case file; he remembered every detail of his statement, every feature on the faces of the men he had seen that day. He tried to read the file, but he found it difficult to concentrate on the screen, it seemed so long since he'd looked at a computer monitor for any length of time; and he could feel the sharp stab of pain behind his eyes…Tony had been watching him like a hawk, and he saw Tim wipe his hand across his brow.

"Don't know about you Tim, but I could use a break. You ready for lunch? Come on, you can tell me all about the Florida beach babes…Man, I miss Spring Break!"

Tim wasn't sure he wanted food, but he was happy to get away from the screen, so he switched off his computer and headed to the break room with Tony.

"Aren't you going to eat anything?"

The unopened pack of sandwiches lay on the table, and Tim shook his head.

"Not hungry Tony, maybe later."

"No problema. You shouldn't worry about the deposition, you'll be fine. I did some checking up on this Eggert guy. He's got white hair, not grey like the Boss, the press call him 'The Great White' - you know, after the TV show."

"Tony…you know I've never watched these shows you talk about."

"Only ran a couple of seasons, _Shark_. James Woods excellent, rest of it so-so, but he was a red-hot defence lawyer turned prosecutor, never lost a case."

"Is this supposed to be making me feel better Tony? 'Cos let me tell you, it's not working."

Tony immediately regretted his off the cuff remarks.

"Oh man! You'd think I'd learn to engage my brain before opening my mouth…Tim, I didn't…"

"Think…yeah, some things never change."

"Hey, you weren't away that long, we're still the same."

Tim got up and went to look out of the window, smiling a little at the familiar skyline.

"Not sure I am Tony. My life…it's been turned upside down."

Tony had taken up a protective position beside him.

"I know Tim, it has to be hard."

"Hard? These men, they left me to die in the gutter, then they tried to kill me again – twice. And before you say it, I know we can't prove a connection; but that kind of coincidence doesn't happen, we all know that…But where are they? Locked up, serving time? No, the only person who's been locked away is me, and I'm grateful for the protection, but…Tony, I want my life back."

Tony felt powerless, they had all wanted Tim back, they missed him, but they were still working, still living their lives, and all those days and weeks, he'd been isolated. Then to find out that they couldn't hold Grier and Lipczynski, it must have been almost too much to take. He took a step closer, and put his arm round Tim's shoulders. They stood silently looking out across the river.

"Tim, this is where you belong, and so help me, when this trial is over, and those scumbags have been put away for life, you'll be able to come back to work, and things can get back to how they were."

Tim shook his head.

"Not that simple Tony."

Tony let go and stared at his friend, for a brief moment he didn't know what Tim meant, then it hit him…the third man. So long as he was at liberty, Tim was in danger.

"Tim , I…"

"Doesn't matter Tony, I'm getting used to it."

"You're a terrible liar McGee."

Gibbs had entered the room silently as ever.

"We'll get him too, when Grier and Lipczynski get put away, they'll be looking for any leverage they can get for a lighter sentence, they'll give him up in a heartbeat."

Tim's eyebrows went up.

"And you say I'm a bad liar! The way these guys clear up after themselves, I don't see them cracking up any time soon, do you…really?"

"Never say never Tim, who knows how they'll react after the trail, and remember we only need one of them to crack…Cunningham's here, it's time."

Bill Cunningham opened the conference room door for Tim, and they both stepped in. As senior counsel in the legal department Cunningham didn't often get involved in simple depositions, but the Director had asked him personally to represent McGee, and he'd been happy to do it. As Tim walked slowly into the room Cunningham whispered.

"Remember what I said; give yourself a breathing space before you answer a question."

Tim nodded and walked toward the conference table; already seated were a man and woman, both with brown hair, there was a stenographer sitting to the side of the table. Cunningham glanced round the room.

"Has Mr Eggert been delayed?"

The woman laughed quietly.

"Mr Eggert does not trouble himself with the minutiae of a case; we will ask the questions and report back to him. Are you ready Mr McGee?"

Tim bristled at that, he'd always hated it when Ms Hart referred to Gibbs as Mister.

"My name is Special Agent McGee."

"Yes, of course, how remiss of me. Shall we complete the formalities and move on?"

They all gave their names for the record, and Tim felt himself relax a little, maybe this would mean he wouldn't have to face The Great White until the trial. Ms Cantrell nodded to her associate, and he reached into his briefcase for a folder. One by one he took out six photographs, all head shots, and all almost identical. Cunningham was about to protest when he saw the tiniest smile appear on Tim's face. Instead of protesting, he asked.

"Did you have a question Ms Cantrell?"

"I would like to ask Agent McGee to see if he can positively identify the man he alleges he saw in the alley off 24th Place NE on February 11."

Without a moment's hesitation Tim picked out a picture from the array.

"That's him, he was there."

Cunningham picked up the picture and smiled as he read the name printed on the back, Nicholas Grier. The same process was repeated for an identification of Karl Lipczynski, and again Tim was unerringly accurate in his choice. Cunningham turned to the stenographer.

"Let the record show that Special Agent Gibbs correctly identified Nicholas Grier, and Karl Lipczynski."

Cantrell's associate made a note on his yellow legal pad, and Cunningham asked quietly.

"Shall we move on?"

She shook her head.

"Do you know Mr Cunningham, I don't think we have any more questions today; but I must insist that Agent McGee keep himself available for further questioning. Our court order allows us unlimited access."

"I am aware of that."

Cantrell and her associate gathered up their belongings, nodded to the other occupants of the room, and headed for the exit. Tim turned to Bill Cunningham.

"That's it? I came back for that?"

Cunningham was as nonplussed as Tim; he had expected several hours of searching questions.

"It's…unusual, I have to say, but Eggert is well known for being unconventional at times."

Unconventional it may be from a legal perspective, but Tim had a pretty good idea why this deposition had been ordered. He knew it had less to do with legal niceties, and more to with getting him back to DC, back in the open…

Tim spent the rest of the day in Abby's lab, catching up on what had been going on while he was in Florida. He called Jo to let her know he was back safe, and to thank her and Mark for all they had done for him. Then, best of all, he was able to call his mom and dad, it felt like he had spent the whole call grinning, it was so good to hear their voices again, to hear his own name over and over. He felt more relaxed than he had in a long time, he knew he was no nearer going back to his own home, but being back at NCIS, being able to talk to his family again, that was good enough for now. The afternoon seemed to disappear in the blink of an eye, and before he knew it Gibbs was back.

"It's time; they're waiting for you in the garage."

"Boss, can I come back tomorrow? Abby was filling me in on the Renton case, maybe I could work on the encryptions, or double-check the hard drive on her computer."

"Not tomorrow Tim, take a day or two to adjust, I'll talk to Vance and we'll see what we can do."

Reluctantly, Tim gave Abby a farewell hug and followed Gibbs to the garage. The others were there to say their farewells, and as he climbed into the back of the truck and headed off to his latest unknown destination, Tim comforted himself with the thought that at least this time, even if he couldn't come back to the Navy Yard every day; at least he could speak to his friends and family. Gibbs had told him there was a secure, untraceable phone in the safe house, Tim gave a brief smile as the truck started to move, this time he wouldn't be so lonely.

Karl pushed his plate away; he'd barely eaten a thing.

"You should eat, we're not done yet."

"You heard what Giles said, the lawyers told him McGee was calm, no hesitation, he picked us out without a second thought…that's going to impress a jury. I wish I'd killed him when he was at that doctor's house, one bullet and all this would have been over; but he's still around, he could put us away Nick, you know that."

Grier did know it, but Friedman had told him not to get too downhearted, they still had a few tricks up their sleeves, and plenty of time to play them. The ring tone of his phone shattered the silence.

"Nick, is your computer on?"

"Yeah…why?"

"I'm sending you a link, take a look…it's the first step in giving McGee and his friends something to think about…and there's more where that came from."

Grier called Karl over to the laptop and they opened the page. They read what was displayed and turned to each other with a smile.

"Now that's what I call a good start."


	15. Chapter 15

**Anguis In Herba**

_Snake in the Grass (Hidden Danger)_

"That's good to hear Tim, the Director says if you feel okay you can come into NCIS day after tomorrow; but you only work if Ducky gives the all clear."

"Thanks Boss, it'll be good to feel useful again."

Gibbs switched off his phone, he'd spoken to Vance first thing this morning, knowing how important it was for Tim to get back to work, Gibbs didn't want to leave him hanging. He was about to tell the others that Tim had slept the night through, and was raring to get back to work, when his phone rang again.

"Gibbs, thank goodness, I've been trying to get you…I was about to call Tony…"

"Sarah, what's wrong?"

"Tim's Wikipedia page…I mean not Tim's, there's one for Thom E Gemcity, someone's been making changes…I want to get rid of them, but I think you should see it first, can you find who did this Gibbs?"

"Did what?"

Gibbs could hear Sarah take a deep breath, and he could picture her trying to regain some control.

"They…they said Thom E Gemcity is dead. Gibbs, I don't want my parents to see that."

"They won't Sarah, we'll deal with it."

He disconnected and called over to Tony.

"Get the Wikipedia page for Thom E Gemcity."

Tony found the page and clicked the remote to display it on the plasma.

_Thom E Gemcity 15 November 1977 – 11 February 2011_

_Gemcity was the author of two best selling crime novels featuring L.; he was expected to have a long and successful career. This promise will remain unfulfilled following his tragic death. It is thought that Gemcity was carrying out research for his latest book when he was stabbed to death in an alley in Washington DC._

As they read the page and noted the date of 'death' there was no doubt in anyone's mind who had edited the page, but even Gibbs knew that it would be impossible to prove; with a resigned sigh he turned to Ziva.

"See if Abby can trace anything, then have her get rid of that."

Unsurprisingly Abby wasn't able to get a lead on who had amended the Gemcity page, but she edited the content, and made sure it was exactly as it had been the day before. She also promised herself that she would check it out every day to see that no one was changing things.

They didn't tell Tim, Gibbs saw no reason to add to his stress levels, so long as they could keep him secure this kind of nonsense didn't matter.

Tim went in to work for a few hours when Ducky gave him the all clear, he tried to get started on the encryptions, but after thirty minutes or so the numbers began to blur and seemed to be jumping about on the screen. Abby guided him away from the computer and made him lie down on her futon.

"The last thing you need is another headache, take it easy today, you can come in again tomorrow."

"But I wanted to help Abs, I have to do something."

She took her hand in his.

"You will help Tim; we've been stuck for weeks, another few days won't hurt."

He kicked off his shoes, lay down, and was asleep almost immediately. He was still sleeping when Ducky came in to check on him at lunchtime.

"I think we let him back too soon Abigail."

"But it's so good to see him again Ducky, even if he's not working, can he still come in to see us?"

Ducky hated to put a dampener on her enthusiasm.

"I'm not sure Jethro will want Timothy making unnecessary journeys; didn't he tell us that the travelling would be most difficult to secure?"

Abby nodded sadly.

"He did, but it's been so long Ducky, with the hospital, and then going to Florida..."

"I know my dear; we must be patient a little longer. After all, we've had each other all this time, and Timothy has had no one."

Her hand flew to her mouth.

"Oh! Oh Ducky, I'm so stupid, and selfish, always thinking about my feelings...he must have been so lonely..."

"Indeed, but he's here now, and given a little more time I'm sure he'll be able to come back to work."

Tim spent most of the week at the safe house; he was able to use a secure computer, and little by little he caught up with the limited progress that had been made on the Renton case. He wasn't able to spend much time at the screen, and it was starting to worry him. Computers were what he was good at, and if he couldn't use them...but each day he made himself spend more time at the keyboard, and he tried to convince himself that the headaches were no worse than he'd had occasionally before the attack.

The following Monday saw him back at NCIS, and this time he was able to get to work on the hard drive from Petty Officer Renton's computer. He only worked for three hours each day, and the team made sure he didn't work the same hours, or come and go the same way each day. They had to keep their enemies at arm's length, the trial was still weeks away, and each day they kept him safe was a day closer to Grier and Lipczynski being locked away for a long time.

Tim knew that his powers of concentration were nowhere near what they had been, much as he tried to focus on the task in hand, on the codes, on the Renton reports; sometimes he would be back in the alley…He'd be watching again as Renton's lifeless body was lifted up, ready to be thrown in the trunk; and he'd feel again the sharp, sudden pain before his world turned black. There was something more, Tim was convinced of that, and as each day went by, and each night his sleep continued to be interrupted, the niggling thought wouldn't leave him…there was more…

Gibbs and the rest of the team were pleased to see Tim back at NCIS. Tony felt as if the void in the squad room had been filled, when Tim was at his computer, all seemed right with the world. Then he'd seen Tim wince as another headache started to make itself felt. They didn't talk about them any longer; Tim got upset if any of them drew attention to what he saw as a weakness. None of them considered him weak; in fact they had nothing but admiration for the quiet resolve he was demonstrating every day, the courage he showed just by being back at work, and being ready to testify whatever the consequences.

There had been no further attacks on Tim, either real, or of the cyber variety. They'd had a few scares when it seemed as if a vehicle was following one of the trucks used to transport Tim; none of them followed the full route, and they all checked out as being legitimate journeys. So they'd started to relax a little, but not enough that Tim was allowed to leave the safe house, or that they let him travel in a car where he could be seen.

Tim had left for the day, protesting as he always did that he could stay a little longer. Tony and Ziva settled back to work, and Gibbs was about to go for coffee when his phone rang, it was Andrew.

"Jethro, we got a sympathy card in the mail today, they said Tim's dead…I know it's not true, but Theresa…it was a shock…"

Gibbs could imagine how upset Tim's mom would have been when she opened that.

"Are you okay?"

"We're fine now, and Tim's due to call later."

"Andrew, you didn't throw the card out?"

"We kept it safe."

"Good, I'll have someone from the San Diego office collect it."

"Don't tell Tim about this Jethro, please. We talked yesterday, and he sounded…tense."

"The trial's getting closer, and he keeps expecting to be called for another deposition….plus being isolated, it's been a tough time. Once the trial's over…"

That was starting to be a mantra for the team, once the trial's over…as if by some miracle Tim's life could go back to normal after the trial.

Two more days went by, and Tim was working more closely on the Renton case, he'd taken some time to catch up on what the team had discovered about Grier and Lipczynski, but there was nothing new he had to offer there, so instead he spent his time trying to crack the cryptic codes Renton had left on her hard drive. He was tired a lot of the time, and his eyes felt gritty from staring at the screen, the headaches were manageable…just; and he was determined to ignore them and get on with the work. He came back to his desk after a quick visit down to cyber crimes, they had hoped to crack another level of encryption today, but so far things weren't falling into place. He reached out for the bottle of water he had left on the desk, and was surprised, and a little concerned to see that it wasn't there. He looked around again; it **was** here…where was it? This wasn't the first time this had happened…several times since he'd come back to NCIS things had gone missing from his desk…and he couldn't blame Tony, he was out on cases most of the time…Most worrying of all, he was starting to think he'd imagined leaving the things there in the first place, Tim had kept this to himself, he definitely didn't want the others thinking his memory was unreliable, with the trial only two weeks away, they needed to believe in him.

He went to the drinks machine and got another bottle of water, then got back to work, he only had one more hour today before his protection detail would be coming to take him back to the safe house.

An email alert popped up on the screen, and Tim smiled when he saw it was from Ducky, the good doctor was keeping a very close eye on him. He clicked to open the message.

_Timothy_

_If you have a moment would you come down to Autopsy? I have something I would like you to see._

_Ducky_

Tim wasn't getting very far with the codes, so now looked like as good a time as any. He took the stairs down to Autopsy.

"Hey Ducky, what have you got for me?"

Ducky looked up from his keyboard, a slightly bemused expression on his face.

"I? I don't have anything Timothy...why would you think I had?"

"You sent me a message…"

Ducky shook his head.

"Not today my boy, but it is always very good to see you."

"It was there…you said; Ducky, come with me. I'll show you."

They both went up to the squad room, and Tim practically dragged Ducky to his desk.

"See? There it is…no…this can't be, I know it was there…"

Tim slumped into his chair and started at the screen, his inbox was empty. Ducky stood behind Tim, and rested his hand on Tim's shoulder.

"Timothy, you look tired, exhausted in fact, perhaps you were mistaken."

"No! I saw it…"

Staring at the blank screen, Tim felt his energy drain away…was it happening? The thing he'd been dreading most of all. The elevator doors pinged open; Gibbs was first to see Ducky with Tim. He quickened his pace, Tony and Ziva following right behind.

"Duck, is he sick?"

"I think Timothy should finish early today, he has done too much."

Tim sat up straight and looked directly at Gibbs.

"Boss…there was an email, from Ducky…but he says he never sent it…I saw it Boss, I did… Please don't doubt me on this Boss."

"I don't, never have doubted you Tim; you know what you saw. The only one with doubts is you."

"Not about Grier and Lipczynski, not about Petty Officer Renton. I saw them, I know that…"

"But…"

"Everything else; I'm not sure of anything any more. My job, my memory, my own body…I put things down…then forget where I've put them…I just don't know any more Boss; what's going to happen?"

"We're going to find out who sent the email, you're going home to rest, and you're going to take your time. I know the Director's already told you that your field agent status is there when you're ready."

"But what if I'm never ready, what if the headaches don't stop, what if I fail my physical. Boss, don't you see, if I can't look at a computer screen for more than a few minutes without my head splitting open, I can't even get a transfer to cyber crimes. I'll be useless to NCIS, to you…"

So that was the truth of it at last, Tim was scared that they were going to throw him on the scrap heap, just because he couldn't stare at a computer screen for hours on end. Gibbs took Ducky's place and helped Tim out of his chair.

"You will come back to the team; I told you a long time ago, you belong to me, and I'm not ready to give you away."

Tim smiled a little, then lost the smile as Agents Burling and Hipwood came to escort him back to the safe house, back to his prison…

The minute Tim was in the elevator Gibbs called Abby and asked her to check Tim's email account.

"Tony, Ziva pull the security camera footage for this room."

"Boss?"

"Tim may be having problems, but there's nothing wrong with his short term memory. Do you think he was forgetting where he left things?"

By late afternoon they had the evidence they had been seeking.

"Go get him, I'll brief the Director."

Tony and Ziva were in observation watching Gibbs and Vance doing their best bad cop, bad cop routine. Anders Bussmann slouched despondently in the chair. He knew it would only be a matter of time before he was caught, but he's hoped to have a few more opportunities for payback. Gibbs leaned on the table, bringing his face close to Bussmann, and broke his silence.

"You son of a…."

"Gibbs, I'll deal with this. Agent Bussmann you are forthwith suspended from duty; hand me your weapon and badge. There will be a formal hearing, but your career with NCIS is done."

"Hah! You seriously expect me to believe I had a career after getting on the wrong side of the great Leroy Jethro Gibbs? He told me to go…at the hospital, McGee, he told me to leave him…."

Vance was furious.

"He was sick, barley knew what he was saying, and I know he's apologised to you about the trouble he caused."

"Gee Director, that makes everything just peachy! Makes me almost wish I hadn't messed with him – not..."

Gibbs opened the file that he had been carrying, took out several pictures, and set them down on the table.

"We know you moved McGee's belongings, and that you sent the email from Doctor Mallard. Did you also amend a Wikipedia page, and send a sympathy card to McGee's family?"

Bussmann blinked furiously.

"No, I did not! All I wanted to do was make him pay for getting me in trouble...I wouldn't hurt his family, what did they do to me? It was all him..."

Gibbs' hands balled into fists, and there was nothing he wanted more than to punch Bussmann into unconsciousness, he could see his feelings reflected in Vance's eyes, the Director strode to the door.

"Leave him Gibbs, this lowlife isn't worth another investigation. Bussmann, you will report to my office 08.30 Monday next, be prepared for bad news."

Mindful of Gibbs' instructions not to arrive for work before lunch, Tim had enjoyed a late breakfast, he hadn't slept much last night, but that was pretty much the norm rather than the exception, it was just part of who he was…

During the last few weeks when he'd been unable to concentrate on a computer screen Tim had rediscovered the simple pleasure of reading a newspaper, turning the pages, skipping the sections that didn't interest him, taking time to complete a crossword puzzle. It was a much more leisurely pursuit than quickly scrolling through a web site, and one thing he had right now, was plenty of leisure time.

He was flicking through the _Washington Post, _searching out the Sudoku puzzle when he saw a picture that made him stop turning the pages. His own face was staring up at him from the death notices page, after taking a deep breath, he read the notice.

_TIMOTHY McGEE (Age 33)_

_On Monday April 25, 2011: Beloved son of Theresa and Andrew McGee, brother of Sarah. Relatives and friends are invited to a celebration of his life on Friday 29 April from 2-4pm at Bacon Funeral Home 3447 14th Street Washington, DC. Call (202) 555-3352 for details. Timothy will be buried in the family plot at a private ceremony, in lieu of flowers please make a donation to the Healing Heroes Network._

The newspaper dropped from his hands.

"McGee, are you okay?"

Mary Hipwood had seen the colour drain from Tim's face.

"I...no, not really. I need to get out of here."

He started to move toward the door, but Mary stood in his way.

"You know you have to wait for us, we'll take you in if you want, but I thought Gibbs said..."

"For once, can we do something I want, instead of what everyone else wants?"

Tim was shouting now. It didn't take a genius to see that he was getting very close to the edge...

"Of course, I'll get Burling to bring the truck."

"Hey Sergeant; we don't usually see you up here."

Sergeant Nesbit, US Marine Corps, nodded a greeting to Tony, and stood in front of Gibbs' desk.

"You need something Nesbit?"

"Agent Gibbs, I've just come me from the Main Gate, someone laid a floral wreath."

Gibbs waited, but he had a feeling he knew what was coming. Nesbit handed him a clear plastic bag containing a small florist's card.

_In loving memory of our friend Timothy McGee. Cut off in his prime, rest in peace, we'll never forget you._

"You see who left this?"

"A car pulled up, young girl got out, put the flowers on the ground, then she got back in the car...Agent Gibbs, we didn't think...a child, it seemed harmless. Then I read the card...we all know about Agent McGee's situation..."

"Tony..."

"Main Gate cameras, on it Boss!"

Gibbs hit speed dial on his phone.

"Hipwood, keep McGee with you today, don't take him outside."

"We're already on the road Agent Gibbs; McGee wanted to come in early."

Gibbs slammed his free hand down on his desk.

"Damn it! Turn round, take him back, now!"

Gibbs leapt out of his chair as he heard the unmistakeable sound of gunfire...then there was screeching brakes, breaking glass, more shots...then silence.

"Mary! Are you hit? Mary, answer me!"

A breathless Agent Hipwood gasped out a reply.

"Truck hit...not us...they got away Gibbs...Burlings's checking on McGee...yeah...he's not hurt."

Gibbs let out a huge sigh of relief.

"Stay sharp, watch for another attack, we're on our way."

Tim sat at his desk, oblivious to everyone around him, staring into space, saying nothing, feeling nothing. Ducky had checked him over and found him to be physically unharmed, but psychologically...

"Jethro, I really don't think he should be alone tonight...after this new attack, he will be especially vulnerable..."

Tim gave a sudden exclamation.

"Oh! I...I forgot...the notice...I have it here..."

He took a folded sheet of newspaper from his pocket and tried to open it out, but his hands were shaking so much.

"McGee, let me do that, you sit."

Ziva unfolded the newspaper and each of them stood in silence as they read Tim's 'death notice'. Gibbs leaned over Tim's desk, lifted up his chin, and stared deep into those troubled green eyes.

"I can't keep doing this Boss, I'm suffocating here, and you don't see it, you're all busy getting on with living, and I'm…stuck in an endless loop of living the same day over and over, and Tony – you just breathe the word groundhog and I swear…"

Tony shook his head...he knew as well as any of them, the time for cheap jokes was over. Gibbs wasn't done.

"Tim, you listen to me, you are not going back to the safe house, you hear me?"

A sudden glimmer of hope flickered over his face.

"You mean that? But...where...where can I go?"

"I'm not sure Tim, but wherever it is, one of us will be with you, you're not going to be alone any longer."


	16. Chapter 16

**In Omnia Paratus**

_Prepared for all things_

"Man, you should have seen McGee's face! I was waiting for him to pee his pants. Then the others came, and they were racing round as if they thought we'd still be hanging around…freaking hilarious!"

Nick smiled indulgently, Karl was enjoying this, and he was happy to let him. The last weeks of court order restrictions had been hard on them both. Reporting to the court house every day made it impossible for them to do their job, and he knew that without Friedman's support Mr Dowling could have terminated them any time he liked.

"I thought I told you to stay away from that operation."

"I did, that's the best part; remember that surveillance camera we had on the intersection? I watched the tape, you should see it Nick, it's better than TV."

"So, are you convinced now that Giles was right?"

Karl grinned.

"Oh yeah, I mean I wish we'd got him before he went away, but changing that Gemcity page, and sending the card to his family, that was cool. But I liked today the best."

"Me too."

Giles Friedman had entered the apartment; he smiled at his friends and put his newspaper down on the table.

"The death notice was in as planned, Cathy layed the wreath at the Navy Yard, and the shooting…perfect. Using blank rounds was pure genius Nick; they've got to be scratching their heads over that."

Karl picked up the paper and laughed aloud as he read the death notice.

"I wish I could see McGee now, he has to be running scared…trouble coming at him from all sides. You were right Giles; keeping him off balance, breaking his spirit…you think he'll be ready to testify?"

"They'll make sure he's ready, but whether he's going to be strong enough when Lawrence Eggert gets to work, now that's another question."

Tim slept at NCIS that first night, at short notice it was the only place they could think of where they could be sure he was secure, and even then Tony insisted on staying in the same room.

"Hey, if someone like Bussmann can get that close, I'm not taking any chances."

By mid morning the next day Gibbs and Vance had come up with a solution. Tim was moving into base housing at Quantico, and at least one member of the team would be with him at all times. Security at the base was already tight, and Vance called the Base Commander to request increased measures for the duration of Tim's stay. Extra vigilance on the gates, and increased patrols around the housing was promised. Gibbs was satisfied, this was their best option, but it wasn't until he saw Tim's reaction when he was told of his new living arrangements that he realised just how much Tim needed this…and maybe the team needed it too. Being close to Tim, feeling as if they were making a solid contribution to his protection, they'd been missing that ever since he was sent to Florida.

Tim barely had time to unpack at his latest lodgings when he was informed that the Assistant District Attorney wanted to meet with him for pre-trial preparation. Gibbs gave his approval, but he insisted the meeting take place at Quantico; after the attack on the truck, blank rounds notwithstanding, he didn't want Tim going out on the road.

"She'll be here tomorrow, ten hundred. You okay with that Tim?"

"Has to be done Boss, might as well get it over with."

Gibbs stayed with him the rest of the day and combined protection with catering duties as Tim immersed himself in the dossier he had been compiling on Petty Officer Renton. Tim had found that not only was he discovering a lot about the Petty Officer, but the hours spent at the computer, headaches and blurred vision permitting, were hours that he didn't spend worrying about the trial.

With each passing day Tim felt he was getting to know Jill Renton outside and in. She had just been starting out on her career, the Navy had discovered that she had a very real talent for cryptography; and had earmarked her for an officer training programme. Then her career had been put on hold because her mother was terminally ill with cancer. She had requested a transfer to a less demanding position with regular hours, and had been seconded to the office of the Chief of Naval Operations. Somehow, in the time she had been working there she had started embezzling funds, and covering her tracks. Renton had made an excellent job of that, which Tim had discovered for himself when he tried to get to the heart of the hard drive on her computer.

Jill Renton buried files within files, within encryptions and riddles…Tim sometimes felt as if he was on a treasure hunt, all he needed was the map with X marking the spot and he could find out where the money had gone. There was no evidence that she had retained the funds for her own use, no large financial transactions to any personal accounts they could find, no evidence that she had been spending large amounts of money…except on her mother. Mrs Renton had received the best of everything, and had died in one of the finest nursing homes in DC. If anything, this made Tim want to know even more about Jill Renton. She had spent nothing on herself, but had lavished thousands of dollars on ensuring that her mother had the best chance to live, and when all hope faded, giving her a comfortable and dignified death. The more he looked, the more Tim felt that Renton wasn't keeping any money for herself, she was moving the money for someone, this case seemed to be populated by faceless someone's operating on the sidelines, pulling the strings…putting in the knife…

Renton's mother had died on February 6, and by the 11th the Petty Officer was dead, Tim believed in coincidence about as much as his boss, and his gut was telling him that she had been coerced into breaking the law. Had the shadowy recipient of Navy funds been threatening Renton's mother? It seemed to be the only reason for the sudden change to her promising military service. Her mother had been the last surviving member of her family; her fiancé was a Navy Seal currently engaged in a covert operation in Afghanistan, he'd been out of reach since January, and no one had any idea when he would return.

Tim knew that you shouldn't make assumptions about anyone, but Jill Renton seemed like an outstanding woman who had become embroiled in events beyond her control…Tim was convinced that she had told whoever was pulling her strings that the flow of money was about to stop, maybe she'd even threatened to go to the police or NCIS, whatever it was, she'd paid the ultimate price.

As he worked through her cryptic puzzles he came across one that he thought could help. 'Seek the hare, all truth is there.' Gibbs had called NCIS, and got Abby working her way through Renton's belongings, all neatly logged in evidence. Ziva and Tony had been despatched to her old apartment, searching for anything that resembled a hare, somewhere Renton could have hidden evidence of her crime. Newly energised by this possible lead, Tim set to work again, if he could find one more clue…

"Tim, that's enough for today."

Gibbs had noticed the tell-tale signs of a fatigue headache; he didn't want Tim overdoing it, not when he would have to deal with the ADA in the morning.

"Almost finished Boss, just checking my emails, see if Abby has any news, then I'm done."

"See that you are, I have two steaks for dinner, and I'm hungry even if you're not…Tim?"

Tim had been clicking away on the mouse, then he'd taken a quick breath and stared at the screen, after a moment he whispered.

"I thought this was over…Bussmann is gone…so who?"

Gibbs stood behind Tim and read the message.

_Agent McGee_

_It is with regret that I have to inform you that your employment with NCIS must be terminated with immediate effect. Your medical and psychological evaluations lead me to believe that you will no longer be an asset to the agency. Please contact my assistant at the earliest opportunity to arrange the return of your badge and to sign you severance papers._

_I take this opportunity to thank you for your loyal service and to wish you well in the future._

_Yours sincerely_

_Leon Vance._

_Director_

"That isn't genuine Tim, you know that…Leon would never…"

Tim sighed deeply.

"I know he wouldn't, he promised me my job is safe, and I believe him…it's just…with Bussmann gone, I thought this would stop."

"They're trying to keep you off balance."

Tim gave a short, humourless laugh.

"It's working…yesterday, when I heard the gunshots, I thought…this is it, end of the road, and…for just a second, I was relieved…the hiding away, the headaches, seeing Jill Renton's dead eyes staring at me, the trial…it would all be gone, and for that second I wanted it, to be free of it all…"

"Tim…"

Gibbs rested his hand on Tim's shoulder, he honestly hadn't realised how deeply the isolation had affected Tim.

"Hey Tim, maybe the shooting yesterday wasn't such a bad thing, it finally made me understand how stupid I've been keeping you away from us."

"You did the right thing Boss, I was putting everyone in danger."

"Damn it Tim! You think that's why I had the Marshal's take you? It wasn't to protect us; it was to save your life…"

Tim swept his hand across his forehead.

"I know Boss…I do, it's just…I'm so tired all the time…I thought I was going crazy you know, when I kept losing things, non compos mentis, isn't that the legal phrase? Not of sound mind, that's what it felt like…"

"That was all down to Bussmann Tim, you're not crazy…sometimes I wonder how you've stayed sane through all this."

"You and me both…now, did I hear you mention steak?"

Gibbs wanted to call Abby, to get her started on finding who sent the email, if it was Bussmann again, he'd get Leon to instigate criminal charges. But the call could wait, right now Tim looked out on his feet, and Gibbs wanted to get some food inside him before he fell asleep.

"I did, let's go eat some dinner, then you should go to bed. You have your pain killers?"

Tim slipped his hand into his pocket and pulled out a small medicine bottle.

"Never travel without them!"

"Good, now let me show you how a good steak should be cooked."

Tim had managed about four hours sleep in all, which was pretty good given his recent record. Ducky had been for a quick visit and had prescribed a day without computers.

"I know you have the ADA calling this morning Timothy, and that will be sufficient stress for one day."

"But…"

"But me no buts; if I have to I will get Tony to lock it away."

Tim shrugged his shoulders.

"You win again Ducky, no computers."

Tony grabbed his back pack.

"What you need is a little movie therapy, when you're done with the lawyers, I happen to have some smokin' hot DVDs."

Tim had to smile at that.

"Of course you do Tony."

Ducky left them both gently bickering over which movie they would watch first, this was better, being able to see Tim whenever they wanted, and much more to the point, Tim being able to spend time with them…yes Ducky decided, this was very much better.

"They're at the main gate Tim, Gibbs is driving, so give it about thirty seconds and he should be at the door."

It was a little longer than that, but very soon Tony was opening the door to Gibbs and his companion…Tony was gaping, he knew it, but he couldn't help it.

"Close your mouth Tony, Ms Belfield, this is Special Agent Anthony DiNozzo, for my sins, he's my Senior Field Agent, this is…"

"Special Agent McGee, it's good to meet you, and I must say you look a hundred times better than in the hospital photographs."

She made her leisurely way to the sofa, well aware of the effect she was having…it happened every time, and she had learned to use it to her advantage in a court room. Assistant District Attorney Adele Belfield was a shade over five feet tall; slim, with a cascade of long blonde hair, blue eyes and a smile that could light up a room. She opened up her briefcase.

"The first one to mention _Legally Blonde _gets my size six this season's Prada right in the rear!"

Tony managed to find his voice.

"Hey, that's from..."

She nodded with a smile.

"I'm allowed to mention it...no one else."

Gibbs nodded in appreciation, she'd do okay, Tim was already laughing, and they hadn't seen that too often of late. He waited until they were settled and then headed back home, he'd get some sleep, then check on Abby and Ziva, see if they had anything for him.

Tony had managed to get his act together, and made coffee, he'd taken up position at the door, this was the time to let Tim have some privacy.

Adele set down her cup and gave Tim a warm smile.

"I read the medical reports, and I have to say you have made a remarkable recovery."

Tim returned the smile.

"I had help, lots of help."

"Allied to a great deal of inner strength, and you are going to need all of that when you get to court. Eggert will be using every trick in his book, and believe me, he has lots of tricks."

"I've been in court before."

I know you have, but previously you have testified as a law enforcement officer, giving details of the investigation; this time you are an eyewitness, and the defence team will be trying to discredit you any way they can."

She stayed with Tim for over two hours, revisiting his testimony, trying to give him some idea of the tactics that the defence would use.

"It can be brutal, they don't call it an adversarial system for nothing, it's them against us, and if Eggert sees any sign of weakness he'll go for the jugular."

"I want them to pay Ms Belfield…I wish they were being charged with Jill Renton's murder, but until we get evidence to tie them to that, the current charges will do…so long as they go to prison, I'll be satisfied."

"We have a good case, because you are our case, and you will have the jury eating out of your hand. Tell it to them how you just told it to me, and Grier and Lipczynski are gone."

She gathered up her notes, and shook Tim's hand warmly.

"We're good to go; I'll see you in court."

Ziva had arrived to take her back to DC, and as he was taking his leave of her Tony asked.

"I got a subpoena, but it's from the defence; you any idea what that's about?"

"Probably another of Eggert's wrong-footing tactics. Agent McGee doesn't have any skeletons in his closet that only you know about, does he?"

"McGee! Mr Webelos himself, are you kidding me?"

"Then it's nothing to worry about. Have a good day Agent DiNozzo."

"You too, oh, you might want to buckle that seat belt nice and tight!"

He ducked Ziva's head slap, and secured the door, before continuing Tim's movie education.

The email trace hit a dead end in a cyber café on the banks of the Nile in Luxor, Egypt. Gibbs was certain that Bussmann hadn't sent it; he didn't have the savvy to cover his tracks that well.

The Renton investigation stalled once more as the hare clue, if it even was a clue, not a red herring, yielded nothing. The only things that even came close were a Roger Rabbit key fob, and a well-thumbed copy of _Aesop's Fables. _Abby had leapt on that, hoping that Renton had left another clue in the story of The Tortoise and the Hare, but they had found nothing that led to the money; or to the reasons behind Renton's actions. Tim felt like he was taking one step forward and three back; nonetheless, he was determined to keep going, he was getting closer, he had to be…

The first day of the trial dawned bright and warm, unseasonably so for early May; Tim had been awake to see the sun come up, today was not a day he was going to lie in his bed. He knew he wouldn't be needed for a while, but the fact that jury selection would start today made everything so much more real. There was a gentle tap on the door.

"Are you awake McGee?"

"Yeah, come in Ziva."

She was carrying a steaming cup of coffee.

"I thought perhaps you might be; there is no necessity for rising early today."

He took the coffee, and laid the cup on the night stand.

"I know…can't get it off my mind. It's really happening, after all this time…I get to tell what I saw."

"But not today, in fact not for a few days, there will be the voir dire, swearing in the jury, opening arguments, expert witnesses; it could be several days before you are called…why are you smiling?"

"You…suddenly the expert on US court procedure."

He was grinning, and Ziva couldn't help laughing.

"I learned a great deal when studying for my citizenship, as you know very well, because you helped me."

"It was easy, you were a very quick study."

"Because I had a very good teacher."

She smiled as she watched him huffing on his coffee, just like old times…except it wasn't old times, and the smile left her face.

"McGee, you are truly well enough for this? The trial, giving evidence, it will be hard I think."

"Ziva, I'm as ready as I'll ever be. I just want it to be over, to start living my life again."


	17. Chapter 17

**Sub Judice**

_Before the Court_

_Author's Note: I crave your indulgence for any legal mistakes that may appear in the following chapter(s), I've done my best to keep things as accurate as possible, but I would ask you to remember that this is fiction, and I need to stretch things a little to help the drama along..._

The first few days of the legal process had gone very much as Ziva had predicted. Tim found it harder to concentrate on Jill Renton's case as the day he would be sworn in as a witness drew nearer.

He'd been trying his best to avoid seeing anything about the trial on the news; Tim wanted to give his evidence fresh, without being prejudiced by anything he had seen on TV. This evening would be different, Abby had been testifying today, and she was coming over for dinner; Tim knew her well enough to know that she wouldn't be able to keep things to herself, and he was right.

"I could not believe my ears, hot-shot lawyer, ha! Eggert, first off he tried to get my evidence thrown out; said it had no bearing on the charges because his clients weren't being charged with Petty Officer Renton's murder; but Ms Belfield stopped him in his tracks, she said it spoke to the clandestine nature of their presence in the alley…I love that word, clandestine. I think I'm going to start using it more. Then, and you'll never believe this, he asked me if I'd received verification for the mini-SRTs, me! Who does he think he's dealing with, some newbie who's never been in a courtroom before?"

Tim couldn't help but smile at her sudden change of mood.

"He shouldn't mess with you when you're wearing your best court clothes."

That stopped Abby in full flow.

"Timothy McGee, what is it with you and my court clothes?"

He playfully looked her up and down.

"Not sure…just give me a little time to make up my mind."

"Ooh...it is so tempting to slap you right now Tim. I won't do it, but I am going to change before dinner, so take a last look at the sappy court room Abby, and prepare yourself for full-on Goth Abby!"

It didn't take her long to change and she breezed into the kitchen where Tim was serving up the pot roast.

"So Tim, not too disappointing for you is it?"

He looked up and took an appreciative gaze at Goth Abby.

"I love anything you wear Abs, you know that; it's you who makes the clothes look good, not the other way round."

"Good save McGee."

"Only stating the truth. Would you tell Gibbs dinner's ready?"

The three of them sat around the dining table, trying to keep the conversation light; Tim didn't eat much, he moved the food around on his plate, but not much of it ended up in his mouth.

"Tim, it's good pot roast."

"I know, I helped Gibbs make it…not really hungry."

Abby put down her fork and got up to give Tim a hug.

"You'll do great Tim, Eggert is all wind and water; you know what you saw, all you have to do is tell it."

He put his arm around her.

"I know Abs, and I've been waiting so long to testify, only…now it's here…"

"Abby's right Tim, maybe not about Eggert, but about the rest. If you're done with your plate, I clear the dishes, you two go sit in the living room."

They sat together talking quietly about what was likely to happen tomorrow. Tim was first up in the morning, and he was glad of that, he didn't relish the idea of sitting in the court house most of the day, waiting to be called.

"I know what I saw Abs, and I want to tell everyone, but when Eggert gets going…they call him the Great White for a reason."

"Timmy, you should have got a new suit, this is too big!"

"Haven't really had much time for shopping lately Abs."

Abby straightened his already straight tie and kissed his cheek; she'd been shocked when she saw Tim come down stairs, it had been months since Tim had reason to wear a suit, and he'd lost so much weight since the attack. Seeing how the fabric hung on him, she hadn't been able to stop herself blurting out a comment; and she'd promised herself she was going to be careful this morning, to make sure Tim went to court relaxed and confident.

"Of course you still look good, and when you're done with the trial; we're going shopping for a snazzy new suit."

Tim gave her a quick hug.

"I look forward to it…okay Abs, do I pass muster?"

"Yep, top of the class."

"Then let's go."

Tony drove them to the court house, and when they got inside Abby was pleased to see the look of genuine surprise on Tim's face when he saw the rest of the team waiting for him.

"Ah, good morning Timothy, you are looking well."

"Hi Ducky, thanks…I didn't expect to see everyone."

"We wanted to come and offer our support, you don't mind, do you?"

Tim was trying hard to maintain his composure.

"Mind? No, I'm…well, speechless; and that's probably not a good thing for me to be today."

Gibbs patted him on the back.

"You'll be fine, and if Eggert gets out of hand, we'll set Jimmy on him."

They all laughed at the idea of Jimmy taking on the feared attorney, but he nodded determinedly.

"Don't think I wouldn't do it! Tim's been through enough already."

None of them was going to argue that point; they knew Ducky had told a white lie about the way Tim looked, but they also knew that it was what Tim needed to hear. He was nervous enough about Eggert's cross-examination, he didn't need to be told that he looked as if he hadn't eaten, or slept in a week.

A short while later they left Tim in discussion with Adele Belfield, and went to take their places in the courtroom. The minutes when he sat alone waiting to be called seemed like an eternity, but then he was on the stand, taking the oath. As he took his seat he looked toward the table where Grier and Lipczynski were sitting. They stared back at him, making full eye contact, and they smiled; Tim felt a chill down his spine as he recalled the last time he had seen these two men in the flesh.

"Could you confirm your name for the record?"

He tore his gaze away, and turned to Adele Belfield, she was all business today; her long hair pulled back into a neat French pleat, a charcoal grey suit, white silk blouse, and heels just three inches high.

"Special Agent Timothy McGee."

"You are a Federal Agent with the Naval Criminal Investigative Service?"

"I am."

"Agent McGee, I want to take you back to the morning of February 11. In your own words, would you tell the court what happened that morning?"

Tim began his testimony; in a strong, clear voice he related the events of that morning. The seemingly fruitless search for security camera footage, interviews with employees, and the final visit to the 24 Club.

He tried not to hesitate as he described to the jury his walk through the club, and what he had seen when he opened the door.

"Two men were carrying the body of a young woman, who I knew to be the missing Petty Officer that we had been searching for. "

Eggert leapt to his feet.

"Objection; we have no evidence before the court to corroborate that statement. How can Agent McGee testify as to the status of a woman he saw for a fleeting moment?"

Judge Hoffman considered for a moment, then turned toward the witness stand.

"Agent McGee, how long have you been an active field agent?"

"Almost seven years, your honour."

"And in that time you have seen a number of dead bodies?"

"Yes sir, unfortunately I have."

"Then I'm going to over rule the objection, please continue Ms Belfield."

Adele had been watching the jury as the judge questioned Tim, two or three of them looked somewhat doubtful, so she decided to ask an extra question.

"Agent McGee, can you tell the court how you came to the conclusion that Petty Officer Renton was dead?"

"Her eyes…it was raining heavily, had been all morning; but her eyes were open, staring up at the sky, and she never blinked…there was no life there."

Tim continued his testimony, and when it came to identifying the two men who had left him lying in his own blood, he pointed unhesitatingly at Nicholas Grier and Karl Lipczynski.

"It was them, they saw someone stab me, and hit me against a metal door frame, and they left me there."

Adele held her breath as she waited for the objection she was expecting, but it didn't come; Eggert had let Tim get away with speculation, and he hadn't said a word…She waited a moment more.

"I have no further questions your honour."

Every head in the court room turned toward the pale skinned, white haired defence attorney. Eggert took a moment to finish writing a note on his yellow legal pad, glanced at the judge, then the jury and finally at Tim. He stood up slowly, and Tim took a deep breath, this was it; the Great White was moving in for the kill. Eggert gave the slightest smile at Tim, so slight that if he hadn't been watching Eggert's every move Tim would have missed it. The defence attorney stood behind the table and addressed the judge.

"At this time, we have no questions for this witness your honour."

Adele Belfield looked as surprised as anyone in the room, she had no idea that Eggert was going to do this, she regained her composure quickly.

"In that case, the prosecution rests."

Tim almost stumbled as he left the witness stand; he had been wound so tight waiting for the cross-examination that now it wasn't going to happen, he felt almost light-headed with relief.

Judge Hoffman checked the clock.

"The court will recess for lunch, and reconvene at 1.30."

Tim felt as if he was in a trance…he walked back into the corridor outside the court room, to be greeted by a group of equally puzzled people. Adele hurried toward them, and Gibbs asked the question on all their lips.

"What the hell just happened in there?"

She shook her head.

"I honestly have no idea. He has quite a reputation as a maverick, but I've never heard of him pulling anything like this before."

Tim wasn't sure how he should be feeling, but one thing he did know; he was confused…he'd been expecting to spend most of today, and maybe tomorrow on the witness stand, and the sudden conclusion to his testimony had left him bewildered.

"Adele, am I done now?"

"You're done for today, but I'm afraid the defence still has the right to recall you, but they have to have a very good reason, and the judge can disallow it if he sees fit."

Gibbs wanted to have a talk with Ms Belfield, but he didn't want Tim around to hear what he had to say.

"Duck, why don't you all go out for some lunch? I need to check in with Leon, he wanted to be kept informed."

"Excellent idea Jethro; come along everyone, let's go and enjoy some spring sunshine."

"So Ms Belfield, what do you really think Eggert's doing?"

Tim and the others had followed Ducky outside, and Adele ushered Gibbs into a free office.

"I didn't want to worry Tim…but I'm afraid that Eggert has been known to play pretty dirty, particularly when he doesn't have much of a case. He may not have questioned Tim today, but I would bet my job that he's going to recall him."

"You said he would need a good reason, like what?"

"Eggert has to show that something new has come to light, something that wasn't touched on in Tim's testimony but is still relevant to the case, if he can do that, then Tim will have to take the stand again."

This was the last thing Gibbs wanted to hear. Tim just couldn't catch a break, they had all hoped that after giving his testimony Tim would be able to relax at last, but the way things stood, Tim was going to need the support of his team more than ever.


	18. Chapter 18

**Coram Judice**

_In The Presence of a Judge_

The court reconvened after lunch and Lawrence Eggert got to his feet.

"The defence calls Winston Douglas to the stand."

As ever; heads turned to see who was about to take their place in the centre of the drama. A tall African-American man, dressed in what looked like a new suit took the oath, and sat on the edge of the chair. He looked distinctly uncomfortable, as if this was the last place he wanted to be. Eggert walked slowly toward the stand and smiled warmly at his witness.

"Mr Douglas, where are you currently employed, and in what capacity?"

Douglas coughed quietly, trying to clear his throat.

"I work at Washington Hospital Center, as part of the security team."

"And were you on duty on the evening of March 5th this year?"

"Yes I was."

"Please tell us what happened as your shift was coming to a close."

Adele had known this witness was coming, and she had a pretty good idea where Eggert was leading with this, but that didn't mean she had to like it; she got to her feet.

"Your honour, I must object. I fail to see the relevance of this testimony, Mr Douglas has no knowledge of the events of February 11."

"Approach the bench."

Judge Hoffman beckoned the lawyers toward him, and switched off his microphone. Eggert spoke first.

"I thought we'd got past this; Douglas is here to bear witness to the confused mental condition of the State's one and only eye witness."

Adele was about to argue the point, but the judge was having none of it.

"Ms Belfield, I ruled on this during pre-trial motions; your case is reliant on the testimony of Agent McGee, you must allow the defence the opportunity to question the reliability of that witness. My ruling stands, now step back."

Adele hadn't been expecting the judge to change his mind, but she had to try one last time. Eggert couldn't hide his satisfaction as he resumed his questioning of Douglas.

"Please continue Mr Douglas; you were coming to the end of your shift, what happened then?"

"We got an emergency call that a patient was missing. There are standard protocols, but the call was high priority, so me and my partner, we got to our assigned area as fast as we could, I was checking out staircase B when I saw him…Special Agent McGee."

"Can you describe how he looked?"

"He looked sick…really sick."

"Yes of course, but how was he dressed?"

"He had on a hospital gown."

"And? Shoes? A coat? It was cold out that night I believe."

Douglas shook his head, then remembered that he had to answer out loud.

"No, just the gown."

"So you're telling the court that on a cold night Agent McGee was wandering half naked around hospital stairwells."

Douglas looked aghast at Eggert; this wasn't what they'd talked about when he was briefed on giving evidence.

"He...Agent McGee, wasn't half naked, he was sick, confused...and he was wearing his hospital gown."

"Well then, I would hardly say he was overdressed, we all know how much protection those gowns offer."

There was a ripple of quiet laughter throughout the courtroom, most people there had some experience of the scant protection offered by those particular garments, Eggert smiled in response, he'd scored a direct hit. The jury were already starting to see McGee in a different light, and he had barely started his defence. He moved back to his table.

"I have no further questions."

Adele got to her feet, and slowly smoothed out the imperceptible creases in her jacket.

"Mr Douglas, you said the call was high priority, were you told why that was the case?"

"Yes, Special Agent McGee was under NCIS protection, he'd been admitted after someone shot at him."

She had the satisfaction of seeing several jurors glance toward the rear of the courtroom where Tim was sitting with his colleagues; they looked at him with compassion, and as far as Adele was concerned that had to be better than scepticism.

"Thank you Mr Douglas, that is all."

Gibbs hands were curled into fists as he listened to the latest witness; it was taking all his self-control to remain quiet and in his seat. He wanted to stride to the witness stand, grab Bussmann by the throat and throttle him. Eggert was leaning conspiratorially on the stand.

"So let me be sure I have this right Mr Bussmann, even though you told him that it would be dangerous for you to leave him alone, Agent McGee still insisted that you go."

Bussmann nodded and smiled.

"Correct."

"Yet you tried to convince him otherwise?"

"I did, but he wouldn't listen. Director Vance said it was because he was sick, didn't know what he was doing."

"Objection, hearsay."

Adele had leapt from her chair, and looked to the judge for support. Judge Hoffman turned to Bussmann.

"Did Director Vance tell you this directly?"

"He did."

"Then the objection is overruled."

Eggert gave an almost imperceptible smile, each time a witness testified that McGee didn't know what he was doing, or was confused it was another crack in the belief that the jury had in the veracity of McGee's testimony.

"I have no further questions."

Adele Belfield stood slowly, and took a sideways glance at the jury; Eggert was muddying the waters, time for a little clarity.

"Mr Bussmann, are you currently employed?"

"No I am not."

"Under what circumstances did you leave your previous employment, which was as a Special Agent with NCIS I believe?"

Tim was seated between Abby and Ducky at the back of the courtroom, listening in uncomfortable silence. Bussmann glared at Tim, he had been delighted to accept Eggert's request that he testify as to Tim's confused state of mind, but it should have occurred to him that the prosecution wouldn't let him off that lightly.

"I was fired."

There was a hum around the courtroom, that had taken most of those watching by surprise.

"For what reason?"

"I'd been messing around, moving things..."

"That hardly seems reason enough to fire a trained federal agent. Is that all you did?"

"Okay, I sent McGee an email, made him think the Medical Examiner wanted to see him."

"But he didn't?"

"No."

"Why would you send such a message?"

Bussmann hesitated, but he knew if he didn't answer, she'd get someone who would.

"Because of McGee…I knew my career was over, and I wanted to…well I guess, I wanted to make him think he was losing his mind."

Adele looked at him with utter contempt.

"No further questions."

Eggert sprang to his feet.

"I have a question. Mr Bussmann. On March 5th did Agent McGee insist that you leave him alone, even though you told him it would be dangerous to do so?"

"Yes, he did."

As Bussmann left the stand, Adele took a moment to assess the current mood in the courtroom. Eggert was skilfully breaking down any confidence the jury had in Tim's reliability as a witness. She knew her cross-examinations were papering over some of the cracks, but would it be enough for them to give a guilty verdict? Ducky was keeping a close watch on Tim; this was proving to be yet another difficult day, he leaned across to whisper.

"How are you holding up Timothy?"

"I've had better days."

The court fell silent again as the next witness was sworn in; and Tim's already battered ego suffered another blow as he saw who was taking the stand, Metro PD Captain Dan Karzin.

"Can you tell us how you first came into contact with Agent McGee?"

"He was involved in the fatal shooting of one of my officers."

Eggert was watching the jury carefully, they were all suddenly more alert, hanging on the Captain's every word.

"This was November 29, 2005?"

"That's correct."

Dan Karzin kept his answers brief; he did not want to be here, but he'd been served, so he had no choice, that didn't mean he had to like it; lawyers like Eggert made him sick to his stomach.

"Did Agent McGee shoot and kill Lieutenant John Benedict that night?"

"He shot at Benedict, but so did someone else, it was never determined who fired the kill shot."

"Indeed; I have read the reports. In his initial report, Agent McGee stated that Lieutenant Benedict fired at him, is that so?"

"It is."

"Is that in fact what happened?"

"No."

"No…and when you interviewed Agent McGee yourself, did he tell you that Lieutenant Benedict fired at him?"

"No."

"What did he tell you?"

Karzin almost ground his teeth before he answered.

"He told me he had made a tragic mistake, and killed an unarmed police officer."

Eggert took the greatest satisfaction in the shocked expressions on the faces of several jurors.

"So, let me get this absolutely correct, within two days, Agent McGee had gone from being shot at and acting in self-defence, to shooting dead an unarmed, decorated police officer. That's quite a turn around!"

Judge Hoffman scowled at the renowned defence attorney.

"Mr Eggert; save the editorialising for closing arguments, ask a question or give Ms Belfield the floor."

"Of course…so sorry. I have no more questions."

Eggert had hit McGee hard this time, Adele knew it, and she knew there wasn't much she could do to repair the damage.

"Captain Karzin, you said someone else fired at Lieutenant Benedict that day, who was it?"

"I hate to say this, but it was his partner, Keith Archer. He was dirty, and Lieutenant Benedict confronted him, tried to stop him…he paid with his life."

"You stated previously that it was never determined who fired the kill shot, can you clarify what you mean by that?"

Karzin looked directly at the jury; he really wanted them to understand what he was about to say.

"The fatal bullet, it was so badly damaged that even with every forensic test available to NCIS and Metro PD, there was no way to tell whether it was fired by Agent McGee or Keith Archer; but the intent to kill, that was all Archer's."

Gibbs smiled gratefully at Dan Karzin, they'd had their differences back when Metro wanted to blame Tim for their loss, but today Karzin had done all he could to help McGee, and right now Gibbs figured Tim could use every bit of help coming his way.

Judge Hoffman brought proceedings to an end for the day, and they all filed slowly from the courtroom. Abby slipped her arm through Tim's.

"Let's go home, you must be exhausted."

Tony switched off his phone.

"Ziva's bringing the car round…Tim, you okay? Hearing all that stuff must have been tough."

"Wasn't great, but they were all telling the truth…Guess I'm on the receiving end of the ten guilty men thing."

Tony didn't understand what Tim was getting at, but Gibbs knew.

"Better ten guilty men go free than one innocent man be found guilty."

"But they're not innocent!"

"I know that Tony, but they're still entitled to the best defence their lawyers can give them, right now that means they're painting Tim as an unreliable witness, hoping that the jury won't believe his testimony."

Tony gave one of his trade mark grins.

"Then you have nothing to worry about Tim; I'm first up tomorrow, no way is Eggert going to get me to say anything bad about my buddy McGee!"

Gibbs and Tony shepherded Tim to the car, and as they pulled away from the courthouse, Tim couldn't help offering up a silent prayer, please let tomorrow be a better day.

A little later, Lawrence Eggert was taking his leave of his clients. Karl Lipczynski was positively bubbling with energy.

"We're doing good Mr Eggert; the jury will never believe McGee after today."

"Better than good Karl, And if you thought today was good, just wait until tomorrow, I have a few questions for Agent DiNozzo that he might find rather tricky, and I'm determined to get McGee back on the stand. Get some rest tonight; tomorrow's going to be a lively day in court!"


	19. Chapter 19

**Veritas Premitur Non Opprimitur**

_Truth may be kept down, but not crushed_

"McGee, it is 03.30, why are you not sleeping?"

Tim shrugged.

"Could have something to do with having my failures put on public display all day; or the fact that tomorrow I may have to go back on the stand and be questioned by one of the most feared defence attorneys in America."

Ziva took his arm and guided him into the kitchen.

"If you are awake, we should have a drink together. Not coffee I think; I will make tea."

He slumped onto a chair and rested his chin on his hands. As she busied herself with the kettle and tea bags, Ziva sighed deeply; he looked so...worn down, and was it any wonder? Four months, it does not seem like a long time, but he had been through so much since that rainy Friday in February. They had sat beside him as he fought to live, talked to him, held his hand, shared his family's joy as he woke. Then when he needed their protection, they had failed him, and he had been taken from them. For weeks they moved on auto-pilot, trying to get on with work and life without him, and now, when he was so close, Ziva felt that they were in more danger of losing him than ever before. She sat beside him and handed him his tea.

"McGee...Tim; what you had to listen to today, Ducky told me...it was cruel. Eggert had no right..."

"He had every right Ziva, that's why they call it an adversarial system, them against us...against me. It...it feels like he's right, I was confused, I did think I was going crazy; but I know I saw Grier and Lipczynski carrying Petty Officer Renton's body, I know it!"

He started to shiver slightly.

"Drink your tea, it will warm you."

He took a sip and smiled a little.

"So you drew the short straw; night shift?"

"No short straw, it is our duty, and my pleasure to protect you...Tim, you must try to sleep, if Eggert does call you..."

"What if I'm not up to it Ziva? What if they get away...because of mistakes I made in the past? We'll never get justice for Jill Renton."

Ziva cradled his cheek and turned his face toward her,

"You will not mess up...Tim; you simply have to tell the truth about whatever they ask. A man such as you, truth is your shield...Do you remember, when Lieutenant Benedict died? At first, I doubted you, it was wrong, but I did not know you then as I do now. Gibbs knew you...and he told me, you do not know how to lie...so tomorrow if Eggert has questions for you, tell the truth, as you always do."

She kissed his cheek.

"Now you should go back to bed; if you cannot sleep, at least try to relax...Ducky will not be happy with me if you stay awake all night."

"Okay Ziva, but only because I don't want you getting into trouble."

Tony sat patently waiting for Lawrence Eggert to finish flicking through his notes. He wasn't worried about being questioned by Eggert; Tony was sure he was prepared for anything. If the Great White thought he could smell blood in the water, he was wrong. Carry on, thought Tony, keep me waiting, you think you're psyching me out…that is so not working, never kid a kidder Eggert. I may not be wearing a Savile Row cashmere suit and hand made Italian shoes, but I know where you're coming from, and I'm ready.

Finally, just as Judge Hoffman was about to admonish him, Eggert stood and walked a few paces closer to the witness stand.

"Agent DiNozzo, I want to take you back to the night of February 19."

Tony was genuinely nonplussed, what happened then? He had no recollection of anything out of the ordinary. Eggert gave one of his warmest smiles.

"Did you receive hospital treatment for a cut to your face?"

Now Tony remembered, he couldn't believe Eggert would sink so low.

"It was only a cut lip, nothing serious."

"So you say, could you tell the jury how you came to have such a wound?"

"It was a slap, nothing I haven't had plenty of times before."

"Who struck the blow?"

Tony glanced down at his hands; he didn't want to do this. Judge Hoffman turned to him.

"Agent DiNozzo, you must answer the question."

"Ti…Agent McGee, but…"

Eggert interrupted.

"Please answer yes or no, did Agent McGee strike out at you, drawing blood? Yes or no."

"Yes."

"What had you done to provoke such an attack?"

"It wasn't provoked…he'd just woken up, he was…"

Tony stopped himself in time, but Eggert pounced,

"He was what, Agent DiNozzo?"

This time Tony did look across the courtroom toward Tim, a look of contrition on his face.

"He was…confused, he didn't know where he was."

"Was this state of confusion a one time event?"

Tony shook his head slowly.

"No…he."

"Thank you Agent DiNozzo, you have answered my question."

"But you have to understand…"

"Your honour, would you direct the witness?"

The judge leaned toward Tony.

"You may speak only in answer to a direct question, do you understand?"

"Yes…yes I do."

Tony was disgusted with himself, he'd been determined to redress the balance, to show everyone that his friend Tim McGee was an honest man, a capable NCIS agent, that he knew what he had seen; that those two slime bags sitting smirking in their chairs had watched someone stick a knife in his friend's chest and done nothing…except drive away and leave him to die. But he hadn't helped with any of that, he'd done exactly what Eggert had wanted him to do; he'd been expecting questions about the Benedict shooting, or the times the MCRT had cut corners, not about that night in the hospital, he felt like he'd betrayed Tim in the worst possible way.

Tony was so lost in his own thoughts that he hadn't noticed Adele Belfield move to the witness stand. Eggert must have finished…

"Agent DiNozzo, the night that Agent McGee woke up and struck you, when he was disoriented, confused…how many days was that after he had woken from a six day coma?"

"Two."

"Two days, not long after being dead to the world for almost a week."

"Your honour!"

"Ms Belfield, please refrain from making statements, you are here to ask questions. The jury will disregard that remark and it will be stricken from the record. Do you have a question Ms Belfield?"

"No thank you, I have nothing further for this witness."

Tony slowly made his exit from the witness stand, he looked at the jury and saw some of them watching Tim, there was doubt in their eyes, and he'd helped to put it there. Why hadn't he considered that he might be questioned about the hospital? Then he could have been better prepared; but he never thought about it because he'd forgotten about the incident, to him it was an insignificant event that had happened when Tim was really sick. Tony was ushered out of the courtroom, and as the door closed behind him he heard Eggert announce to the court.

"The defence recalls Special Agent McGee to the stand."

Adele had immediately asked to approach the bench; and she and Eggert were summoned to speak privately with Judge Hoffman. She tried to argue that there was insufficient reason for Tim to be recalled, but Eggert was insistent.

"We have demonstrated that Agent McGee has been known to alter his statements when under pressure, that he has suffered bouts of confusion during his hospitalisation; therefore I feel it only right that, on behalf of my clients I have the opportunity to question him in a pressure situation, and get to the truth of the matter."

Adele was so frustrated, she almost shouted at him, but she managed to get herself under control.

"You've already heard the truth."

"But whose truth Ms Belfield? Agent McGee's version of events, or the real events of that day."

"If you're so sure your clients are telling the truth, why don't you put them on the stand?"

He shrugged his shoulders.

"I don't have to; the burden of proof lies with you, not me."

Judge Hoffman leaned back in his chair.

"I've heard enough, you may question Agent McGee, but I'll be watching you Mr Eggert."

"I would expect nothing else your honour."

Eggert barely gave Tim the chance to sit down before he asked his first question.

"When you shot Lieutenant Benedict, did your original report match the witness statement you later made to Captain Karzin?"

"No."

"I'm sorry, I didn't hear that."

"No…the statements weren't the same."

"Then your original report was a lie."

"No, it was…complicated, it was night, I saw a flash, heard a gunshot."

"And you shot to death Lieutenant John Benedict, a decorated Metro detective?"

Tim nodded slowly; the guilt of that night had never left him.

"I did."

"You were charged with negligent homicide, is that correct?"

"Yes, but…"

"A simple yes or no is sufficient Agent McGee."

Adele made a note; when she had the opportunity for redirect she would be sure to ask Tim about those charges being dropped. She tried to give Tim a reassuring smile, but he seemed to be mesmerised by Eggert, and couldn't tear his eyes away from the defence attorney.

"On the morning of February 11, you were alone, is that correct?"

"Yes."

"Is that normal procedure?"

"Normal, not really…regular protocol is to have a partner."

"So you broke protocol?"

"No! We...the team had other interviews to carry out; so I went to collect the security camera evidence."

"I see, then nothing that happened that morning can be corroborated by an independent witness; is that correct?"

"I carried out a number of interviews, the people I spoke to could verify my movements."

"Up to a point, but when you left Mr Rudge's office at the 24 Club, from that point on you were alone?"

"Yes."

"So everything you have told us about what you allege you saw; it's your word alone, no one else?"

"That's right."

"Then tell me Agent McGee, why should this court believe what you tell them about the events of that morning?"

Tim tore his eyes away from Eggert, and glanced at Ziva sitting beside a shamefaced Tony.

"Because I'm telling the truth."

"So you say, that is for the jury to decide. What I want to do today is go through the events of the morning of February 11, from the moment you parked at the Moonlight Club; what time was that?"

For what seemed like an eternity Eggert questioned Tim in minute detail about everything that he saw that morning, and about everyone he spoke with. He demanded verbatim reports of conversations; exact times that Tim had called at each location, and every time he was given detail, Eggert ostentatiously checked his notes. Tim was starting to feel light-headed, he hadn't been able to eat anything at the lunch recess, and the few sips of coffee he had drunk started to churn around in his stomach. His head had been throbbing steadily, and he reached in his pocket for his pain-killers….they weren't there…so much for never travelling without them; he'd left them on the night stand back at the safe house.

Tim took a sip of water and tried to concentrate, but it was so hard…Eggert seemed to be going over the same ground over and over…Tim thought he heard Adele object a few times…he definitely heard the phrase, badgering the witness…but he kept on answering the questions as best he could.

Ducky was growing increasingly anxious as he watched events unfolding.

"Jethro, he's not going to be able to take much more of this."

Gibbs glanced at the clock, 15.10; there wouldn't be any respite for Tim, not right now.

Eggert paced up and down in front of the jury as he asked his questions, sometimes facing them, other times facing Tim, but always making himself the centre of attention; keep the jury's focus away from his clients, and on himself and McGee.

"And that's it? A fleeting glance, and you are prepared to swear to what you saw."

Tim could hear Eggert, but he could barely see him; the pain was so bad, he should ask Ducky for some pills…but he couldn't, he had to concentrate…

"Agent McGee! I asked you a question. Are you telling this court that after a momentary glance you can swear on oath that you saw two men in the alley, it was raining, raining hard, perhaps you were mistaken?"

Eggert's voice had dropped to a quiet conversational tone, almost pleading with Tim to share a confidence – go on, tell me, I know you made a genuine mistake…another stabbing pain behind his eyes brought a gasp from Tim, and Adele was ready to step in when Tim answered.

"I…was not…am not mistaken…I saw…"

He turned bleary eyes to the defendant's table and tried to point to Grier and Lipczynski; but his hand wouldn't cooperate, and from somewhere far away he could hear people calling his name…his head was splitting open, it had to be…the pain…this was worse than ever…but no, not the worst…

"Agent McGee, let me help."

Tim allowed himself to be led away from the stand, he tried to focus on where he was going, but it was so hard, and he felt…

"I need the men's room."

"Follow me."

His vision cleared sufficiently for him to recognise one of the court bailiffs; a door was opened for him, and he managed to get to a cubicle just as he started retching; then when there was nothing left in his stomach, he fell to his knees and started to sob...was this nightmare never going to end? After a few moments he felt a cool hand on his neck.

"That's better Timothy, let it out."

"Duck, is he okay?"

"We need to get him home Jethro, right away."

With Ducky's guiding hand Tim got to his feet.

"Can't go…"

"You most certainly can; court has been adjourned for the day, and I want to look you over before I decide whether you need to go to the hospital."

"No please…no hospital…"

Gibbs took hold of Tim's other arm, and helped him to the door.

"Let Ducky decide Tim, you look beat."

"Boss, please...I'll go home...but first, there's something I have to tell you."


	20. Chapter 20

**Fortior Leone Justus**

_The just man is stronger that a lion_

Tim was in the witness stand once more, he was looking better than he had the previous afternoon, but to Ducky's eyes he still looked tired and drawn. He had slept through the night, but only because Ducky had given him a sedative; and a drug induced sleep was never as healthy as a natural one. Nonetheless, Ducky was content to let Tim resume his testimony, in fact, given the determination Tim demonstrated yesterday Ducky was certain nothing short of a hospital admission would have kept him from the stand.

Judge Hoffman whispered to Tim.

"How are you feeling today, Agent McGee?"

"I'm good, thank you your honour."

"Glad to hear it."

He greeted both attorneys, and asked.

"Mr Eggert, do you have any more questions for Agent McGee?"

Eggert had thought long and hard about whether he should continue to question McGee. His first instinct had been to continue to press McGee, to push him into rescinding his prior testimony, but all he had to do was instil an element of reasonable doubt in the minds of the jury members, and he was sure he had already achieved that aim.

"No your honour, nothing further."

"Very well; Ms Belfield, do you wish to redirect?"

"Yes I do your honour."

Adele smiled briefly at Tim, she had been ready to ask for more time for him to recover from his near collapse the day before, but Gibbs had called her early this morning to tell her Tim was ready to go again. He had also given her some insight into the reason behind Tim's extreme reaction yesterday. All she had to do this morning was clarify one point for the jury, and then let Tim complete his testimony regarding the attack.

"Agent McGee, you were asked yesterday whether you were charged with regard to the death of Lieutenant Benedict, and you replied in the affirmative; did you in fact go to trial regarding that charge?"

"No, I did not; the charge was dropped."

"Thank you; now Agent McGee, I would ask you to continue with your account of the events of February 11."

Eggert gave a theatrical sigh, and appealed to Judge Hoffman.

"Your honour, do we really need to go over this again? Agent McGee gave a detailed account of the little he knows to the court yesterday."

"Yes Mr Eggert, I'm aware of that; I was present yesterday. Ms Belfield has the right to redirect, so I would ask that you do the court the courtesy of listening. Continue please Ms Belfield."

Adele gave a brief smile of thanks, and turned her attention once more to the witness stand.

"You told us that you saw the defendants carrying a body; then you were attacked. Can you tell the court what happened then?"

The renowned defence attorney was immediately on alert, what more could McGee tell them? He'd testified himself that he remembered nothing after the blow to his head.

Tim glanced briefly at Ducky and Jimmy who had come to provide support today; the others were out working, but the medical men had been happy to come along; particularly as they were both worried that Tim wasn't physically up to the strain of another court appearance. They both smiled, and Tim took a brief moment to collect his thoughts, then he began.

"It was raining; cold rain…and I could feel it on my face, like icy needles…I was lying on the ground…for a second all I could feel was the rain, then I felt pain…pain like I had never known before…my chest, when I took a breath it felt like there was a red hot knife stabbing me, again and again…I thought I was dying…Then I heard a voice…I wasn't alone…if I could call out maybe someone would help me."

He paused to take a sip of water.

"But I couldn't do it…I could barely whisper…there was no chance I could shout…then I heard him; Grier, he called out 'Leave him Giles, there's no time to clear up your mess, we're on a schedule.' I saw another man…in blue coveralls, they were all wearing blue coveralls…I didn't see his face, they got into the car, and then they drove away."

"You had blood oozing from a chest wound, yet the defendants left you lying on the ground?"

"Yes."

Adele rested her hand gently on the front of the witness stand.

"What happened then?"

Tim looked at her, and almost winced at the new memories of that day filled his mind.

"I was cold…really cold, and I knew if I didn't get help I could die…I thought I was dying…so I reached for my phone…it seemed to take forever…I managed to call my boss…that's all I remember until I woke up in the hospital."

"This other man, why did you not tell the investigators about him prior to this?"

"Because I didn't remember until yesterday."

Eggert threw down his pen on the table.

"Your honour, this is too much! It's somewhat coincidental that Agent McGee appears to have acquired new memories overnight."

Judge Hoffman gave Eggert his most severe look.

"You recalled the witness Mr Eggert, you can hardly complain if by doing that, you opened the door to new evidence."

The judge softened his expression and turned to the Assistant District Attorney.

"You may continue Ms Belfield."

"I appreciate that your honour. Agent McGee, is this sudden recall of events a new phenomenon?"

Tim shook his head.

"No…it seems like things come back to me when I least expect them…that can happen with the kind of head injury I had…for weeks, maybe months there's nothing, or you just get a vague feeling that you should remember something. Then you can recall chunks of time that had been lost…"

"Your honour, I must object! Agent McGee is not an expert witness; he is hardly qualified to testify on medical matters."

"Agreed Mr Eggert, but Agent McGee didn't read about this injury, he suffered through it. I think that makes him expert enough for this court; your objection is overruled, and you may continue Agent McGee."

Tim nodded slightly and continued.

"This time it was Mr Eggert who triggered the memory…yesterday, I had forgotten my pain meds, and I had a headache, I guess the pain reminded me of the day of the attack, then Mr Eggert talked about the rain…how heavy it was…and I remembered the rain beating on my face, after that it all came back, as clear as if it happened that day."

"And you are certain that Nicholas Grier, Karl Lipczynski, and a third man we know only as Giles, left you alone in that alley, lying mortally wounded on the ground?"

"I am."

"There is no doubt in your mind?"

"Absolutely none; they knew I was hurt, maybe they even thought I was dead, but they drove away and left me there."

"Thank you Agent McGee, I have no further questions."

The judge glanced at Eggert.

"Do you wish to redirect?"

"No your honour, I am finished with this witness."

As soon as Eggert sat down Nicholas Grier leaned toward him.

"What do you mean, you're finished? You should ask him again, like you did before; he'll crumble…you can do that."

Eggert shook his head.

"Not today, he was vulnerable yesterday, but now…"

Adele Belfield walked slowly back and forth in front of the jury. During her closing argument she had taken them through the events of February 11; reminded them how clear and consistent her chief witness had been in his retelling of those events, that his testimony had not altered even under the most extreme cross-examination. She urged them to ignore the efforts of the defence to paint Agent McGee as a man who was given to making false statements.

"There is a legal tenet that I'm sure Mr Eggert will be bringing to your attention; 'testis unus, testis nullus,' one witness, no witness. It implies that one witness, giving uncorroborated evidence is the same as having no witness. But I am sure you will agree with me that when a witness is as steadfast and unwavering as Special Agent McGee, when he fights through blinding pain to bring you the truth; a witness such as that is worth a hundred corroborative witnesses."

At the conclusion of her speech Adele resumed her seat and risked a glance at opposing counsel. He had on his best poker face, but by pre-empting his use of the one witness argument, she knew she'd hurt his closing statement.

Eggert did the best he could, and he made a fine job of reiterating the deficiencies of the State's case against his clients; but he'd been a defence attorney long enough to read juries, and he very much feared he had lost this one, or rather, Agent McGee had won them over.

Tim was waiting with Adele, the general buzz seemed to be that the verdict wouldn't be long coming; he was leaning against the wall, staring at his watch.

"I thought Gibbs would be here by now…maybe they couldn't get him."

"Oh, we got him all right Tim."

Gibbs was rapidly followed by the other team members, all of them wearing broad smiles. Abby ran with open arms toward Tim and enveloped him a rib-crushing hug.

"I matched his DNA Tim! To the Dayton murder, you know - the epithelials under the fingernails…that was Giles Friedman, he killed the guy who tried to shoot you…and he's going to prison for so long…oh Tim, it's over, you don't have to stay at the safe house any longer!"

Tim glanced over her head at Gibbs.

"Is that true?"

"Sure is Tim, you're staying with Ducky for a few nights, he wants to keep you under observation, but after that, you're home free."

Tim stood open mouthed…home, and when it really meant home, not some other hiding place…it sounded so good. There was a knock on the door, and a court bailiff announced.

"The jury has a verdict."

Tim checked the time again.

"It's too soon; they haven't had long enough to consider…they didn't believe me…"

But the jury had believed Tim, and they delivered a unanimous guilty verdict on both defendants. Judge Hoffman set a date for sentencing and dismissed the jury with the grateful thanks of the court. Tim felt like going up to each and every member of the jury and thanking them personally for believing in him, but he knew that was impossible, so he contented himself with the knowledge that Grier and Lipczynski would be going to jail, not for as long as they should be, complicity in the attempted murder of a Federal Agent didn't carry as long a sentence as murder, but at least the men who killed Jill Renton would be losing their freedom…

"Special Agent McGee, could I speak with you?"

Tim turned away from the courtroom and into the brown eyes of a darkly tanned, six foot tall, well muscled man.

"My name is…"

"You're Robert Draper; Jill Renton's fiancé, I saw pictures of you with the Petty Officer…Sir, I am so sorry for your loss."

"She was a special woman…I don't know what happened while I was away, but Jill would never break the law willingly…Do I have something on my jacket?"

Tim had been staring at Lieutenant Draper's lapel; there was a pin there that had his full attention.

"Sir, could I ask where you got your pin?"

Robert Draper couldn't help laughing.

"This…I wear it any time I'm not in uniform. Jill and I met at O'Hare Airport, and on our one year anniversary she got me this pin; she said every year she was going to get me something with a hare, to remind us of where we met."

His expression darkened.

"It was our two year anniversary while I was away; I didn't get my gift until I got back to base in Afghanistan…the same time I got the news that Jill was dead."

Tim tried not to get excited, but he was sure this had to be it - seek the hare.

"Lieutenant Draper, could I ask, what was your gift?"

"It was a wooden box, with a hare carved on the lid...she put a note inside, said it was for my medals..."

There was no point trying to stay calm now, Tim could feel his heart beating against his chest.

"Do you think I could look at it? I'm not certain, but there could be something that will help us with our investigation into Petty Officer Renton's death."


	21. Chapter 21

11

**Fiat Justitia**

_Let justice be done_

Karl Lipczynski sat on the uncomfortable metal chair and leaned his elbows on the table. He was still numb from the shock of what had just happened…everyone had told him they'd get off, McGee's word alone wouldn't be enough to convict…but it had been. He was going to jail; he lifted his head as he heard the click of the door handle…His spirits took another dive as he watched Gibbs and David walk into the room, they looked like they meant business, and he was here without a lawyer…what the heck, the lawyers hadn't done him any good so far, might as well deal with this himself…

"You're in a heap of trouble Karl."

Gibbs took his customary place across the table from the prisoner.

"Eggert will appeal; he says we have good grounds."

"Then he lied to you Karl, because you are going to prison, and you're going to die there."

Karl was momentarily taken aback, but then his natural bravado kicked in.

"Not me! Even if the conviction stands, I'll be out on parole in a few years."

Gibbs impatiently slammed his fist down on the table.

"You still don't get it do you? Three strikes Karl; you're out!"

Gibbs knew this strategy was risky; he hadn't cleared it with legal, and he wasn't entirely sure he was on firm ground with what he was doing. But he needed to talk to Karl now, when he was processing the guilty verdict, and before he had chance to talk with Eggert or Grier again. Karl was sitting totally still, his eyes darting from Ziva to Gibbs, looking for any sign that this was a joke; there were none.

"I…it wasn't three…just one…has to be a federal crime…"

"Don't try to teach me the law Karl. Trespass on the property of a Federal Agent – one; criminal damage to the car belonging to a Federal Agent – two; leaving that same Federal Agent to bleed to death - that's three. You're gone for ever Karl…unless…"

Gibbs had smiled inwardly as he saw the terror in Karl's eyes as he considered the possibility of a lifetime behind bars; Karl was practically gasping for breath now.

"What do you mean, unless?"

"We arrested your friend Giles Friedman this morning."

Karl felt like someone had kicked him in the gut, when McGee said Giles' name in court yesterday Nick had told him it would take NCIS days to track him down; he said there was nothing to link him to what happened to McGee, no evidence to prove he was the attacker… Gibbs watched the reaction, and probed harder.

"We found DNA evidence to link Friedman to the murder of Frank Dayton, and we know he didn't do that alone…Dayton was linked to an attempt on Agent McGee's life; you're linked to Friedman…see how this all fits together Karl? You're in the middle of a conspiracy to murder a Federal Agent."

Ziva took a few steps closer to Karl, and looked him up and down speculatively.

"You are a good looking young man, I am sure you will be extremely popular in prison, although…when the bloom of youth fades…perhaps your time in prison will not be so long after all…an early death may be preferable to a long life as the prison plaything…"

Karl was trembling now, how did she know that he lay awake in lock-up, terrified that someone was gong to attack him…to rape him…he couldn't stand that…he couldn't survive in prison…

"What do you want from me Gibbs?"

"Just the answer to one simple question Karl. Where did you put the body of Petty Officer Renton? Let her fiancé have some closure, give her a decent burial…that's all we ask Karl."

"I can't…Giles said…"

Gibbs leapt from his chair, and leaned over the table, his face inches from Karl.

"Giles said what? You think Giles is going to take the fall for this? He won't go down alone, he'll drag you all down with him, and that's a murder charge to add to all the others"

Karl didn't know what to do…he was so confused…Nick always told him what to do…but Nick wasn't here…he couldn't go to jail, not forever…

"If…if I tell you…what will you do for me?"

Gibbs sat down, and gave every appearance of considering his next move.

"I could talk to the DA, look to reduce your jail time."

He took out his notebook and pen, and put them on the table.

"You just write it down Karl."

Lipczynski struggled to pick up the pen, his hands were trembling so much…but eventually he scribbled down the location, and Gibbs called for the guard to come and take Lipczynski away. Ziva glanced at the notepad.

"Do you think this is the true location Gibbs?"

"It had better be, or Lipczynski will wish he'd never been born."

"Timothy McGee, you are brilliant!"

Tim smiled, but shook his head.

"Not me Abs, Jill Renton, she's the one who hid the memory chip in the box."

"But you're the one who found the clue about the hare. What do you think she put on here?"

"Let's take a look."

"Oh, no you won't young man! You are going home, and you too Abigail."

Tim stared longingly at Ducky.

"Please Ducky, just a few minutes, I have to know…"

"What you have to do, is sleep. I know the adrenalin has kicked in, and you want to start right now, but I can assure you that in a very short time, you will be unable to focus on the screen. Don't argue; Director Vance has put his driver at our disposal, and I suggest we take Abigail home, and then get you settled."

Tim wanted to argue, to tell Ducky he had to do this, for Jill Renton, and for Robert Draper. To see a hardened Navy Seal almost break down in tears as he handed over the polished ebony box, with a mother-of-pearl inlaid hare; it had been an intensely emotional moment for Tim and Abby, and their promise to Robert that they would handle it with care had been a heartfelt one.

Ducky had x-rayed the box, and they'd seen the memory chip hidden under the blue velvet lining, very carefully Abby had removed the chip, and rushed to the lab with Tim, unable to contain their need to know…until Ducky arrived. Abby was about to protest once more when she saw Ducky watching Tim, and she saw at last what Ducky was seeing; a man exhausted, physically and emotionally, a man who earlier today relived the worst moments of his life. She gave a huge yawn.

"You know Tim, I am so tired, you must be too…let's do as Ducky says, if Gibbs does find Jill Renton's body tomorrow, we're all going to be busy."

Ducky smiled his thanks to Abby; he knew a fake yawn when he saw one.

They did find the body, exactly where Lipczynski had said; they also found three blue coveralls. Ducky used dental records to officially identify the body as that of Petty Officer Jill Renton, the autopsy showed that she had been killed by a single gun shot to the head; her engagement ring was still on what remained of her finger.

"My dear, whatever you did, I am sure you did nothing that warranted such a punishment."

"Which one of them killed her? Do you think we'll ever know?"

"There may be some physical evidence on the coveralls as to who fired the fatal shot Jimmy, but in my book each of those bastards is equally guilty, as they are equally guilty of trying to kill Timothy, standing by and letting these things happen…it's a wicked act."

Jimmy wasn't going to argue with Doctor Mallard, watching Tim in court, and hearing him describe those moments when he thought he was dying…he was never going to forget that, or forgive the men who had left Tim to die.

For several days the team worked on the new evidence, Gibbs, Ziva and Tony talked more than once to Grier, Lipczynski and Friedman, at first they were tight lipped, hoping that their silence would save them. But as the physical evidence mounted, and Tim found more and more incriminating documents on Jill Renton's memory chip, their veneer of solidarity cracked, and each of them started to deflect guilt from themselves by making statements against their former partners.

The coveralls found with Jill Renton's body had epithelials from the three men, the one which had been worn by Giles Friedman also had Tim's blood on it, there was no doubt, he was the one who stabbed McGee. Along with the evidence linking him to Dayton's murder, Giles Friedman knew his life as a free man was over, not even Lawrence Eggert in his prime could get him off these charges, he tried to cut a deal by offering Gibbs the man behind the embezzling, and many other underground operations that he thought only he knew about. But there had been one other person who knew about Friedman's boss; Jill Renton had found out about Malcolm Dowland, and she'd documented everything she could find out about his business dealings.

Tim had found page after page of evidence that would have the FBI, ATF, DEA, and even the IRS working for months, Dowland had masterminded crimes ranging from tax evasion, through embezzlement, drug trafficking, murder…it seemed like nothing was beyond his reach or beyond the limits of his greed. It was all about to come crashing round his ears; Gibbs and Tony were bringing him back to NCIS, they wanted to charge him here, after all the reason they even could arrest him was because of the work of a Navy Petty Officer, and an NCIS agent.

Tim had been right about Jill Renton, Dowland had threatened to put her mother away, somewhere she would receive no medication, no relief from the ravages of the cancer that finally killed her. Jill's mother meant everything to her, and she went along with Dowland's demands just so long as her mom was alive. After the funeral, she had emailed Dowland warning him that he needed to stop what he was doing because she was going to NCIS…

"I wish she'd come to us first Abs, telling Dowland, that was like signing her own death warrant."

Abby linked her arm through Tim's, she still relished every moment he was here with here, he'd been away so long…

"Her mom had just died Tim, and her fiancé was out of reach, maybe she just wasn't thinking straight."

"Well that I can relate to…thinking straight is sometimes harder than it looks…"

Both of them stood quietly, remembering those dark days at the hospital when they feared that Tim might never regain his mental equilibrium.

"I missed you Timmy."

"I missed you too Abs."

"Hey! You're back here five minutes and you're already playing grab ass! Don't you two have any work?"

Tim smiled at Gibbs.

"You know Boss, I don't think we do. Except…"

The smile had gone, and Tim was serious once more.

"Something more we need to do Tim? I thought all the loose ends were tied up pretty tight."

"That's just it…a loose end, Nurse Fordham…we never found out what happened to her."

"I know Tim, but that's something we can't get Friedman and the others to talk about, and with no forensic evidence, we have nowhere to go."

"I just wanted…justice for everyone, you know…"

"We can't win every fight Tim; wish we could; but so long as we never stop trying…and don't forget Tim, you found Jill Renton, showed the world she wasn't an opportunist thief, and allowed Lieutenant Draper to say goodbye to the woman he loved…not bad work McGee, not bad at all!"

**Felicitate Restituta **

_With happiness restored_

"All I'm saying is, you keep telling us remakes are never as good as the original, and then give us a list of all the remakes that are better."

"Listen McHealthy; just because you watched the remake of _True Grit _while you were at your parents' place, that doesn't make you the office movie expert, that crown belongs to the one and only Anthony DiNozzo!"

"Never said I was an expert, I said there was merit in both versions…"

"Merit! So, now who's the movie critic?"

Gibbs shook his head, but he couldn't hide his smile. It was so good to have the team back together again. Tim had finally returned to full field duties, and he was looking much more like his old self. The headaches were a rarity these days, and after two weeks out in San Diego with his family, a little of his Florida tan had returned.

Friedman, Grier and Lipczynski had all put in guilty pleas on the numerous charges against them; they were likely to be sentenced to life without parole. Gibbs had put in a word for Karl as he had promised, but only to get him housed out of the general population; Gibbs wanted him to pay for what he did to Tim, but he couldn't in all conscience let a man go through what he knew Lipczynski would suffer every day…Dowland had elected for a jury trial. Gibbs was confident that the verdict would be guilty, Adele Belfield was prosecuting, and Gibbs had every faith in her ability to put Dowland away for a very long time.

They'd almost lost Tim…not just in that rain swept alley, but in the days and weeks after, in one of their many late night conversations Ducky had left Gibbs in no doubt how close they had come.

"People die from injuries less severe than Timothy suffered; his brain was thrown from one side of his skull to the other, that alone could have killed him, with the blood loss from his stab wound too…then the mental traumas of amnesia, the attempts on his life…"

"I think maybe he's the strongest of us Duck, and I don't mean physically...there's something about him, I like to think I saw it all those years ago…back in Norfolk, but he's come so far since then…"

Watching his team now, as Ziva threatened Tony and Tim with dire consequences if they did not stop talking about movies, and the way Tony suddenly had to stick up for his best buddy…man, Gibbs had missed that…all they needed now…

"Timmy! You were supposed to come to the lab, Ducky made tea, and I have a double chocolate chip muffin with your name on it, and I mean that literally, I had them put your name on..."

Tim glanced over at Gibbs and raised his eyebrows, things would get back to normal soon, but for now, he was relishing the newness of being back at work, at last he was ready to work in the field…this was what he wanted, what he was good at.

"Boss?"

"Go Tim, we won't have any peace until you do."

Abby grabbed Tim's arm, but she turned to the others before she left.

"Come on everyone, there's enough to go round, you too Gibbs…Jimmy even got your favourite coffee, this is a Red Letter Day; Tim's home!"

_**Consummatum Est**_

_It is Completed_

Dura Lex, Sed Lex Page 11


End file.
